Review of the 87th Texas Legislature: Special Education - Partners Resource Network Statewide Webinar June 8, 2021

Review of the 87th Texas
      Legislature:
   Special Education
  Partners Resource Network Statewide Webinar
                  June 8, 2021

Today’s Presentation
The 87th Legislature Regular Session      Agenda
began in January, 2021 and ran             Introduction – overview of 87th
through the end of May, 2021. This          Legislature.
year state lawmakers considered
several topics that are important to       Special Education Legislation - high
students with disabilities. Learn which     level summary of the ten most
special education bills passed and          important pieces of legislation
what comes next.                            affecting special education and
                                            students with disabilities.
                                           Next Steps – future meetings of law
                                            makers and state implementation.
                                           Questions and Answers
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Introduction
First, some context for the 87th Legislature.
The Regular Session began on January 12, 2021, and concluded on May
31, 2021.
This Regular Session was far from typical given how both the COVID-19
pandemic and Winter Storm Uri affected operations. There was limited
legislative activity the first two months of the Session. Health and
safety protocols continued throughout the Session.
Despite the unusual circumstances, state representatives filed 4,671
bills and state senators filed 2,256 bills. Thus, the workload was about
the same as prior legislative sessions.
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Introduction
Texas Senate
The leadership of the Senate was unchanged from the 86th Legislature.
Lt. Governor Dan Patrick continued as the president of the Texas
Senate. Senator Larry Taylor continued as the chairman of the Senate
Education Committee.
The Senate Education Committee membership included Senator Eddie
Lucio, Jr as Vice-Chair, as well as Senators Bettencourt, Hall, Hughes,
Menendez, Paxton, Perry, Powell, Schwertner, and West.
The Senate Education Committee conducted 19 public hearings and
business meetings.

Introduction
Texas House of Representatives
The leadership of the House of Representatives was new. State
representatives elected Representative Dade Phelan as the new
Speaker of the House. Speaker Phelan appointed Representative Harold
Dutton as the new chair of the House Public Education Committee.
The House Public Education Committee membership included
Representative J.M. Lozano as Vice-Chair, as well as Representatives
Allen, Allison, Bell, Bernal, Buckley, Mary Gonzalez, Huberty, Ken King,
Meza, Talarico, and VanDeaver.
The House Public Education Committee conducted 24 public hearings
and business meetings.

Introduction
The state’s official legislative website is a very helpful resource on the
87th Legislature.
 Texas Legislature Online website
    Bills (including all versions from original filed to enacted)
    Committees (rosters and meetings)
    Hearings (including video recordings and witness lists)
    Lawmakers (past and present)
    Other legislative information

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Special Education Legislation of Interest
House Bill 785 (Representative Alma Allen). The bill requires an annual
review of a behavioral intervention plan (BIP) for a child with a
disability by the Admission, Review, and Dismissal (ARD) Committee.
The bill also requires schools to review or consider recommending a BIP
for a child with a disability in certain disciplinary actions. Additionally,
the bill requires new notifications of the use of restraint, time-out, or
certain disciplinary actions regarding a child with a disability.

Scope: all students with disabilities.
Effective: signed into law, in effect.
                                                                           7

Special Education Legislation of Interest
Senate Bill 89 (Senator Jose Menendez). The bill requires a child’s ARD
Committee to conduct an individualized review for special education
compensatory services due to school closures because of the COVID-19
pandemic. The bill identifies factors for the ARD Committee to consider.
If the ARD Committee has already performed such a review for a child,
it is not required to repeat it during the 2021-2022 school year.

Scope: all students with disabilities.
Effective: pending before Governor, effective upon becoming law.

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Special Education Legislation of Interest
House Bill 1252 (Representative Joe Moody). The bill increases the
state’s statute of limitations period for requesting a special education
due process hearing from one year to two years.

Scope: all students with disabilities.
Effective: pending before Governor, effective September 1, 2022.

                                                                           9

Special Education Legislation of Interest
House Bill 159 (Representative Mary Gonzalez). The bill improves
educator development and training to serve students with disabilities.

Scope: all students with disabilities.
Effective: signed into law, effective September 1, 2021.

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Special Education Legislation of Interest
House Bill 2256 (Representative Bobby Guerra). The bill requires the
State Board for Education Certification to create a new bilingual special
education teacher certification to improve the education of students of
limited English proficiency with disabilities.

Scope: students with disabilities who are also English Language
Learners.
Effective: pending before Governor, effective September 1, 2021.

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Special Education Legislation of Interest
Senate Bill 1716 (Senator Larry Taylor). The bill establishes a state
supplemental special education services grant program. Parents apply
to participate and those chosen will have access to an online portal to
review and select instructional materials for use by their child with a
disability. Parents may also select certain educational services for their
child. The state will cover the cost of materials and services up to a
limit of $1,500. The child’s ARD Committee must review the program
and available materials and services with parents enrolled in the
program.

Scope: students with disabilities admitted into program.
Effective: pending before Governor, effective upon becoming law.             12

Special Education Legislation of Interest
Senate Bill 776 (Senator Eddie Lucio, Jr). The bill creates an adaptive
sports program through the University Interscholastic League to
provide certain students with disabilities access to team sports.

Scope: students with intellectual disabilities.
Effective: pending before Governor, effective September 1, 2021.

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Special Education Legislation of Interest
House Bill 1525 (Representative Dan Huberty). The bill amends and
refines the state’s school finance system in many areas. The bill
includes provisions affecting special education, such as giving authority
to the Texas Education Agency (TEA) to adjust payments to school
districts and charter schools to ensure state compliance with federal
Maintenance of Financial Support requirement for special education. It
also revises TEA special grant programs for Dyslexia and Autism. The bill
also creates a temporary Texas Commission on Special Education
Funding.
Scope: all students with disabilities.
Effective: pending before Governor, effective September 1, 2021.
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Special Education Legislation of Interest
Senate Bill 1 (Senator Jane Nelson). The bill is the state’s biennium
budget. It includes state funding for school districts and charter schools
for special education. It also includes earmarks for special projects such
as captioning of instructional materials grants, Dyslexia grants, and
Autism grants.

Scope: all students with disabilities.
Effective: pending before Governor, effective September 1, 2021.

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Special Education Legislation of Interest
House Bill 2 (Representative Greg Bonnen). The bill is the state’s
supplemental budget. It includes state funding for the Texas Education
Agency to satisfy federal minimum state spending requirements on
special education.

Scope: all students with disabilities.
Effective: pending before Governor, effective upon becoming law.

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Next Steps
Now that the Regular Session has ended, what is next?

 Governor Abbott has until Sunday, June 20, 2021 to veto legislation.
 School districts and charter schools must prepare for local
  implementation of new school laws.
 TEA must support the new Texas Commission on Special Education
  Funding once members are appointed.
 State Board for Educator Certification must begin process to create
  new teacher certificate for bilingual special education teachers.

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Next Steps
Now that the Regular Session has ended, are state lawmakers finished
with their work?

 In 2021, the Governor is expected to call at least one special session,
  perhaps two. The Governor determines the topics for legislation
  during a special session. It is possible public education issues might
  be added to the legislative agenda.
 In 2022, the Legislature is expected to hold interim hearings to
  prepare for the 88th Legislative Session. Public testimony might be
  taken on topics such as meeting the needs of students with Dyslexia
  and related disorders.
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Questions
Question and Answer Session as Time Permits

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Special Education Resources
 Disability Rights Texas
     https://www.disabilityrightstx.org/en/home/
     https://www.disabilityrightstx.org/en/category/education/
 Partners Resource Network
     https://prntexas.org/
 Texas Special Education Information Center
     https://www.spedtex.org/

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This presentation is for informational purposes and not intended to provide
legal advice. Please note that the compilation of selected legislation is for
informational purposes only. If you believe that you are directly affected by
violations of law or have questions about your specific rights, we encourage
you to seek legal counsel as soon as possible.

This presentation is strictly the responsibility of the presenter. The host and
sponsors have neither reviewed nor approved the content of the
presentation.

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