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Gearing Up for the 89th Texas Legislative Session

With the Texas Legislature preparing for its upcoming session, families and advocates for students with disabilities have a unique opportunity to help shape critical policies. Texans for Special Education Reform (TxSER) will be monitoring several proposed bills that could significantly impact students with disabilities in our state. Here’s an overview of bills to watch thus far, covering topics from access and inclusion to parental rights and individualized services.

House Bills to Watch

                   1.             HB 222 (Rep. Talarico)

This bill focuses on enhancing school accessibility and support for students with disabilities by allowing school safety allotment funds to be used for classroom behavior management training.

                  2.             HB 409 & HB 458 (Rep. Bucy)

These bills, both by Rep. Bucy, address disciplinary action for students with disabilities. HB 409 requires a mental and physical health screening following the use of restraint, while HB 458 allows for the development and implementation of programs that provide disciplinary alternatives for elementary school students and students receiving special education services.

                  3.             HB 430 & HB 528 (Rep. Goodwin)

These proposals by Rep. Goodwin address terminology and disclosure issues.HB 430 would change the term “emotional disturbance” to the more accurate “emotional dysregulation.” HB 528 would require notice and informational materials be provided to parents or guardians of students identified as victims of bullying or at risk of suicide.

                  4.             HB 462 (Rep. Guillen)

This bill allows for the creation of a Mental Health Allotment to districts to aid in meeting the needs of all students.

                  5.             HB 466 (Rep. González) & SB 58 (Sen. Zaffirini)

These identical bills allow for the appointment of an educational representative for students with disabilities over the age of 18 who are not able to provide informed consent but have not been determined to be incompetent. It also clarifies who may represent students with disabilities in a due process hearing.

                  6.             HB 515 (Rep. Troxclair)

HB 515 would prohibit students from having access to personal electronics during the school day unless they have a doctor’s note saying it is a medical necessity.

                  7.             HB 728 (Rep. Thompson)

This bill clarifies language regarding video cameras in certain classrooms to ensure parental notice and access when a situation warrants.

                  8.             HB 1011 (Rep. Johnson) & SB 154 (Sen. Menendez)

These bills would require a feeding disorder screening for students with feeding or swallowing concerns. If the screening is positive, then the ARD Committee must include a safe feeding and/or swallowing plan in the IEP.

                  9.             HB 1081 (Rep. Curry)

This bill would allow districts to place a student who engages in “habitually violent, harmful or destructive behavior” in a virtual learning environment until such time as certain requirements established by the district are met.

                  10.          HB 1141 & HB  612 (Rep. Shaheen)

HB 1141 would repeal the Positive Behavior Program with regard to student discipline  from the Texas Education Code as well as the section pertaining to the prohibition of out of school suspension for children in grades 3 and under. HB 612 relates to the creation of a school voucher program.

                  11.          HB 1188 (Rep. Manuel)

This bill would require the referral of students with IDD receiving special education services to a local intellectual and developmental disability authority for services or public benefits

 

Senate Bills to Watch

                  1.             SB 111 (Sen. Hall)

SB 111 would require transparency in special education legal proceedings involving a school district and impose a limit on legal fees that may be spent by a school district in special education legal proceedings.

                  2.             SB 52 & SB 57 (Sen. Zaffirini)

SB 52 would provide a maximum of 5 excused absences per school year for mental health related services or support. SB 57 would ensure the ARD Committee consider whether the student requires accommodation during safety drills.

                  3.             SB 149, SB 172, SB 176, SB 198 (Sen. Menéndez)

SB 149 relates to special education funding allotments and would require they be based on the intensity of the services provided. SB 172 would provide for the employment of a special education liaison in each school district and SB 176 would allow districts to contract with certain mental health authorities to provide on campus mental health services and seek reimbursement through Medicaid. SB 198 would require that the parents of a child with autism or another pervasive developmental disorder be provided written documentation of each strategy outlined in the Autism Supplement at least a week prior to an ARD meeting and that the IEP include written documentation of the discussion of each strategy during the meeting.

 

This list will be updated periodically as new bills are filed.

 

How to Get Involved

 TxSER encourages families, educators, and advocates to take an active role this session. Here are ways you can support these initiatives:

 •               Attend Legislative Sessions: Many hearings are open to the public, allowing for testimony on issues impacting students with disabilities.

•               Contact Your Representatives: Sharing support or concerns about specific bills with your representatives is essential for making your voice heard.

 •               Engage with Advocacy Groups: Organizations like TxSER represent families and students, providing updates and calls to action throughout the session.

This legislative session will discuss critical measures that could reshape special education in Texas. Staying engaged ensures these bills reflect the needs and rights of every student.

 For ongoing updates, TxSER will provide real-time information as the session unfolds. Let’s work together to make Texas schools more inclusive and supportive for all students.