reglab/statecodes huggingface dataset:
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle F - Curriculum, Programs, and Services › Chapter 29 - Educational Programs › Subchapter A. Special Education Program › Section 29.013. Noneducational Community-Based Support Services for Certain Students With Disabilities

Sec. 29.013.  NONEDUCATIONAL COMMUNITY-BASED SUPPORT SERVICES FOR CERTAIN STUDENTS WITH DISABILITIES.  (a)  The agency shall establish procedures and criteria for the allocation of funds appropriated under this section to school districts for the provision of noneducational community-based support services to certain students with disabilities and their families so that those students may receive an appropriate free public education in the least restrictive environment.
(b)  The funds may be used only for eligible students with disabilities who would remain or would have to be placed in residential facilities primarily for educational reasons without the provision of noneducational community-based support services.
(c)  The support services may include in-home family support, respite care, and case management for families with a student who otherwise would have been placed by a district in a private residential facility.
(d)  The provision of services under this section does not supersede or limit the responsibility of other agencies to provide or pay for costs of noneducational community-based support services to enable any student with disabilities to receive a free appropriate public education in the least restrictive environment.  Specifically, services provided under this section may not be used for a student with disabilities who is currently placed or who needs to be placed in a residential facility primarily for noneducational reasons.
Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle F - Curriculum, Programs, and Services › Chapter 29 - Educational Programs › Subchapter A. Special Education Program › Section 29.014. School Districts That Provide Education Solely to Students Confined to or Educated in Hospitals

Sec. 29.014.  SCHOOL DISTRICTS THAT PROVIDE EDUCATION SOLELY TO STUDENTS CONFINED TO OR EDUCATED IN HOSPITALS.  (a)  This section applies only to a school district that provides education and related services only to students who are confined in or receive educational services in a hospital.
(b)  A school district to which this section applies may operate an extended year program for a period not to exceed 45 days.  The district's average daily attendance shall be computed for the regular school year plus the extended year.
(c)  Notwithstanding any other provision of this code, a student whose appropriate education program is a regular education program may receive services and be counted for attendance purposes for the number of hours per week appropriate for the student's condition if the student:
(1)  is temporarily classified as eligible for participation in a special education program because of the student's confinement in a hospital;  and
(2)  the student's education is provided by a district to which this section applies.
(d)  The basic allotment for a student enrolled in a district to which this section applies is adjusted by  the weight for a homebound student under Section 48.102(a).
Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 943 (H.B. 3), Sec. 3.026, eff. September 1, 2019.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle F - Curriculum, Programs, and Services › Chapter 29 - Educational Programs › Subchapter A. Special Education Program › Section 29.015. Special Education Decision-Making for Children in Foster Care

Sec. 29.015.  SPECIAL EDUCATION DECISION-MAKING FOR CHILDREN IN FOSTER CARE.  (a)   A foster parent may act as a parent of a child with a disability, as authorized under 20 U.S.C. Section 1415(b) and its subsequent amendments, if:
(1)  the Department of Family and Protective Services is appointed as the temporary or permanent managing conservator of the child;
(2)  the rights and duties of the department to make decisions regarding education provided to the child under Section 153.371, Family Code, have not been limited by court order; and
(3)  the foster parent agrees to:
(A)  participate in making special education decisions on the child's behalf; and
(B)  complete a training program that complies with minimum standards established by agency rule.
(b)  A foster parent who will act as a parent of a child with a disability as provided by Subsection (a) must complete a training program before the next scheduled admission, review, and dismissal committee meeting for the child but not later than the 90th day after the date the foster parent begins acting as the parent for the purpose of making special education decisions.
(b-1)  A school district may not require a foster parent to retake a training program to continue serving as a child's parent or to serve as the surrogate parent for another child if the foster parent has completed a training program to act as a parent of a child with a disability provided by:
(1)  the Department of Family and Protective Services;
(2)  a school district;
(3)  an education service center; or
(4)  any other entity that receives federal funds to provide special education training to parents.
(c)  A foster parent who is denied the right to act as a parent under this section by a school district may file a complaint with the agency in accordance with federal law and regulations.
(d)  Not later than the fifth day after the date a child with a disability is enrolled in a school, the Department of Family and Protective Services must inform the appropriate school district if the child's foster parent is unwilling or unable to serve as a parent for the purposes of this subchapter.
Added by Acts 1999, 76th Leg., ch. 430, Sec. 2, eff. Sept. 1, 1999.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 1025 (H.B. 1556), Sec. 1, eff. September 1, 2017.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle F - Curriculum, Programs, and Services › Chapter 29 - Educational Programs › Subchapter A. Special Education Program › Section 29.016. Evaluation Conducted Pursuant to a Special Education Due Process Hearing

Sec. 29.016.  EVALUATION CONDUCTED PURSUANT TO A SPECIAL EDUCATION DUE PROCESS HEARING.  A special education hearing officer in an impartial due process hearing brought under 20 U.S.C. Section 1415 may issue an order or decision that authorizes one or more evaluations of a student who is eligible for, or who is suspected as being eligible for, special education services.  Such an order or decision authorizes the evaluation of the student without parental consent as if it were a court order for purposes of any state or federal law providing for consent by order of a court.
Added by Acts 2001, 77th Leg., ch. 767, Sec. 8, eff. June 13, 2001.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle F - Curriculum, Programs, and Services › Chapter 29 - Educational Programs › Subchapter A. Special Education Program › Section 29.0161. Contract With State Office of Administrative Hearings for Special Education Due Process Hearings

Sec. 29.0161.  CONTRACT WITH STATE OFFICE OF ADMINISTRATIVE HEARINGS FOR SPECIAL EDUCATION DUE PROCESS HEARINGS.  Not later than December 1, 2003, the agency and the State Office of Administrative Hearings shall jointly determine whether it would be cost-effective for the agency to enter an interagency contract with the office under which the office would conduct all or part of the agency's special education due process hearings under 20 U.S.C. Section 1415 and its subsequent amendments.
Added by Acts 2003, 78th Leg., ch. 201, Sec. 18, eff. Sept. 1, 2003.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle F - Curriculum, Programs, and Services › Chapter 29 - Educational Programs › Subchapter A. Special Education Program › Section 29.0162. Representation in Special Education Due Process Hearing

Sec. 29.0162.  REPRESENTATION IN SPECIAL EDUCATION DUE PROCESS HEARING.  (a)  A person in an impartial due process hearing brought under 20 U.S.C. Section 1415 may be represented by:
(1)  an attorney who is licensed in this state; or
(2)  an individual who is not an attorney licensed in this state but who has special knowledge or training with respect to problems of children with disabilities and who satisfies qualifications under Subsection (b).
(b)  The commissioner by rule shall adopt additional qualifications and requirements for a representative for purposes of Subsection (a)(2).  The rules must:
(1)  prohibit an individual from being a representative under Subsection (a)(2) opposing a school district if:
(A)  the individual has prior employment experience with the district; and
(B)  the district raises an objection to the individual serving as a representative;
(2)  include requirements that the representative have knowledge of:
(A)  special education due process rules, hearings, and procedure; and
(B)  federal and state special education laws;
(3)  require, if the representative receives monetary compensation from a person for representation in an impartial due process hearing, that the representative agree to abide by a voluntary code of ethics and professional conduct during the period of representation; and
(4)  require, if the representative receives monetary compensation from a person for representation in an impartial due process hearing, that the representative enter into a written agreement for representation with the person who is the subject of the special education due process hearing that includes a process for resolving any disputes between the representative and the person.
(c)  A special education due process hearing officer shall determine whether an individual satisfies qualifications under Subsections (a)(2) and (b).
(d)  The agency is not required to license or in any way other than as provided by Subsection (b) regulate representatives described by Subsection (a)(2) in a special education impartial due process hearing.
(e)  The written agreement for representation required under Subsection (b)(4) is considered confidential and may not be disclosed.
Added by Acts 2013, 83rd Leg., R.S., Ch. 1333 (S.B. 709), Sec. 1, eff. June 14, 2013.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 767 (S.B. 2141), Sec. 1, eff. June 12, 2017.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle F - Curriculum, Programs, and Services › Chapter 29 - Educational Programs › Subchapter A. Special Education Program › Section 29.0163. Protection of the Rights of Military Families With Children With Disabilities

Sec. 29.0163.  PROTECTION OF THE RIGHTS OF MILITARY FAMILIES WITH CHILDREN WITH DISABILITIES.  (a) In this section, "servicemember" means a member of:
(1)  the armed forces;
(2)  the Commissioned Corps of the National Oceanic and Atmospheric Administration; or
(3)  the Commissioned Corps of the United States Public Health Service.
(b)  The agency must include in the notice of procedural safeguards that the statute of limitations for the parent of a student to request an impartial due process hearing under 20 U.S.C. Section 1415(b) may be tolled if the parent is an active-duty servicemember and 50 U.S.C. Section 3936 applies to the parent.
(c)  The commissioner shall adopt rules to implement this section.
Added by Acts 2017, 85th Leg., R.S., Ch. 1089 (H.B. 3632), Sec. 1, eff. June 15, 2017.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle F - Curriculum, Programs, and Services › Chapter 29 - Educational Programs › Subchapter A. Special Education Program › Section 29.0164. Limitation Period for Filing Complaint and Requesting Special Education Due Process Hearing

Sec. 29.0164.  LIMITATION PERIOD FOR FILING COMPLAINT AND REQUESTING SPECIAL EDUCATION DUE PROCESS HEARING.  The commissioner or agency may not adopt or enforce a rule that establishes a shorter period for filing a due process complaint alleging a violation of state or federal special education laws and requesting an impartial due process hearing than the maximum timeline designated under 20 U.S.C. Sections 1415(b)(6) and (f)(3).
Added by Acts 2021, 87th Leg., R.S., Ch. 651 (H.B. 1252), Sec. 2, eff. September 1, 2022.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle F - Curriculum, Programs, and Services › Chapter 29 - Educational Programs › Subchapter A. Special Education Program › Section 29.018. Special Education Grant

Sec. 29.018.  SPECIAL EDUCATION GRANT.  (a)  From funds appropriated for the purposes of this section, federal funds, or any other funds available, the commissioner shall make grants available to school districts to assist districts in covering the cost of educating students with disabilities.
(b)  A school district is eligible to apply for a grant under this section if:
(1)  the district does not receive sufficient funds, including state funds provided under Section 48.102 and federal funds, for a student with disabilities to pay for the special education services provided to the student; or
(2)  the district does not receive sufficient funds, including state funds provided under Section 48.102 and federal funds, for all students with disabilities in the district to pay for the special education services provided to the students.
(c)  A school district that applies for a grant under this section must provide the commissioner with a report comparing the state and federal funds received by the district for students with disabilities and the expenses incurred by the district in providing special education services to students with disabilities.
(d)  Expenses that may be included by a school district in applying for a grant under this section include the cost of training personnel to provide special education services to a student with disabilities.
(e)  A school district that receives a grant under this section must educate students with disabilities in the least restrictive environment that is appropriate to meet the student's educational needs.
(f)  The commissioner shall adopt rules as necessary to administer this section.
Added by Acts 2009, 81st Leg., R.S., Ch. 1328 (H.B. 3646), Sec. 16, eff. September 1, 2009.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 943 (H.B. 3), Sec. 3.027, eff. September 1, 2019.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle F - Curriculum, Programs, and Services › Chapter 29 - Educational Programs › Subchapter A. Special Education Program › Section 29.019. Individualized Education Program Facilitation

Sec. 29.019.  INDIVIDUALIZED EDUCATION PROGRAM FACILITATION.  (a)  The agency shall provide information to parents regarding individualized education program facilitation as an alternative dispute resolution method that may be used to avoid a potential dispute between a school district and a parent of a student with a disability.  A district that chooses to use individualized education program facilitation shall provide information to parents regarding individualized education program facilitation.  The information:
(1)  must be included with other information provided to the parent of a student with a disability, although it may be provided as a separate document; and
(2)  may be provided in a written or electronic format.
(b)  Information provided by the agency under this section must indicate that individualized education program facilitation is an alternative dispute resolution method that some districts may choose to provide.
(c)  If a school district chooses to offer individualized education program facilitation as an alternative dispute resolution method:
(1)  the district may determine whether to use independent contractors, district employees, or other qualified individuals as facilitators;
(2)  the information provided by the district under this section must include a description of any applicable procedures for requesting the facilitation; and
(3)  the facilitation must be provided at no cost to a parent.
(d)  The use of any alternative dispute resolution method, including individualized education program facilitation, must be voluntary on the part of the participants, and the use or availability of any such method may not in any manner be used to deny or delay the right to pursue a special education complaint, mediation, or due process hearing in accordance with federal law.
(e)  Nothing in this section prohibits a school district from using individualized education program facilitation as the district's preferred method of conducting initial and annual admission, review, and dismissal committee meetings.
(f)  The commissioner shall adopt rules necessary to implement this section.
Added by Acts 2013, 83rd Leg., R.S., Ch. 539 (S.B. 542), Sec. 1, eff. June 14, 2013.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle F - Curriculum, Programs, and Services › Chapter 29 - Educational Programs › Subchapter A. Special Education Program › Section 29.020. Individualized Education Program Facilitation Project

Sec. 29.020.  INDIVIDUALIZED EDUCATION PROGRAM FACILITATION PROJECT.  (a)  The agency shall develop rules in accordance with this section applicable to the administration of a state individualized education program facilitation project.  The program shall include the provision of an independent individualized education program facilitator to facilitate an admission, review, and dismissal committee meeting with parties who are in a dispute about decisions relating to the provision of a free appropriate public education to a student with a disability.  Facilitation implemented under the project must comply with rules developed under this subsection.
(b)  The rules must include:
(1)  a definition of independent individualized education program facilitation;
(2)  forms and procedures for requesting, conducting, and evaluating independent individualized education program facilitation;
(3)  training, knowledge, experience, and performance requirements for independent facilitators; and
(4)  conditions required to be met in order for the agency to provide individualized education program facilitation at no cost to the parties.
(c)  If the commissioner determines that adequate funding is available, the commissioner may authorize the use of federal funds to implement the individualized education program facilitation project in accordance with this section.
(d)  The commissioner shall adopt rules necessary to implement this section.
Added by Acts 2013, 83rd Leg., R.S., Ch. 539 (S.B. 542), Sec. 1, eff. June 14, 2013.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle F - Curriculum, Programs, and Services › Chapter 29 - Educational Programs › Subchapter A. -1. Supplemental Special Education Services Program › Section 29.041. Definitions

Sec. 29.041.  DEFINITIONS.  In this subchapter:
(1)  "Parent" means a resident of this state who is a natural or adoptive parent, managing or possessory conservator, legal guardian, custodian, or other person with legal authority to act on behalf of a child.
(2)  "Supplemental special education instructional materials" includes textbooks, computer hardware or software,  other technological devices, and other materials suitable for addressing an educational need of a student receiving special education services under Subchapter A.
(3)  "Supplemental special education services" means an additive service that provides an educational benefit to a student receiving special education services under Subchapter A, including:
(A)  occupational therapy, physical therapy, and speech therapy; and
(B)  private tutoring and other supplemental private instruction or programs.
Added by Acts 2021, 87th Leg., R.S., Ch. 1048 (S.B. 1716), Sec. 1, eff. June 18, 2021.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle F - Curriculum, Programs, and Services › Chapter 29 - Educational Programs › Subchapter A. -1. Supplemental Special Education Services Program › Section 29.042. Establishment and Administration of Program

Sec. 29.042.  ESTABLISHMENT AND ADMINISTRATION OF PROGRAM.  (a)  The agency by rule shall establish and administer a supplemental special education services and instructional materials program for students who meet the eligibility requirements for participation in the program.  Subject to Subsection (c), the agency shall provide each student approved as provided by this subchapter a grant of not more than $1,500 to purchase supplemental special education services and supplemental special education instructional materials.
(b)  In administering the program, the agency shall maintain a system of online accounts to provide access to the grant described by Subsection (a) to an eligible student's parent.
(c)  The commissioner shall set aside an amount set by appropriation for each state fiscal year to fund the program under this section.  For each state fiscal year, the total amount provided for student grants under Subsection (a) may not exceed the amount set aside by the commissioner under this subsection.
(d)  The agency shall designate one or more regional education service centers to administer the program.
Added by Acts 2021, 87th Leg., R.S., Ch. 1048 (S.B. 1716), Sec. 1, eff. June 18, 2021.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 826 (H.B. 1926), Sec. 1, eff. September 1, 2023.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle F - Curriculum, Programs, and Services › Chapter 29 - Educational Programs › Subchapter A. -1. Supplemental Special Education Services Program › Section 29.043. Application for Grant on Behalf of Student

Sec. 29.043.  APPLICATION FOR GRANT ON BEHALF OF STUDENT.  The agency shall establish an application process for an eligible student's parent to apply for a grant held in an online account maintained under Section 29.042(b) and assigned to the student under Section 29.045.
Added by Acts 2021, 87th Leg., R.S., Ch. 1048 (S.B. 1716), Sec. 1, eff. June 18, 2021.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle F - Curriculum, Programs, and Services › Chapter 29 - Educational Programs › Subchapter A. -1. Supplemental Special Education Services Program › Section 29.044. Program Eligibility Criteria

Sec. 29.044.  PROGRAM ELIGIBILITY CRITERIA.  (a)  The agency shall establish eligibility criteria for the approval of an application submitted under Section 29.043.  The criteria must require that the student be enrolled in the current school year at a school district or open-enrollment charter school and in a district's or school's special education program under Subchapter A.
(b)  The eligibility criteria established under this section must also prioritize students for whom a school district or open-enrollment charter school is eligible for a compensatory education allotment under Section 48.104.
Added by Acts 2021, 87th Leg., R.S., Ch. 1048 (S.B. 1716), Sec. 1, eff. June 18, 2021.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle F - Curriculum, Programs, and Services › Chapter 29 - Educational Programs › Subchapter A. -1. Supplemental Special Education Services Program › Section 29.045. Approval of Application; Assignment of Account

Sec. 29.045.  APPROVAL OF APPLICATION; ASSIGNMENT OF ACCOUNT.  Subject to available funding the agency shall approve each student who meets the program eligibility criteria established under Section 29.044 and assign to the student an account maintained under Section 29.042(b).  The account may only be used by the student's parent to purchase supplemental special education services or supplemental special education instructional materials for the student, subject to Sections 29.046 and 29.047.
Added by Acts 2021, 87th Leg., R.S., Ch. 1048 (S.B. 1716), Sec. 1, eff. June 18, 2021.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle F - Curriculum, Programs, and Services › Chapter 29 - Educational Programs › Subchapter A. -1. Supplemental Special Education Services Program › Section 29.046. Account Use Restriction

Sec. 29.046.  ACCOUNT USE RESTRICTION.  (a)  Money in an account assigned to a student under Section 29.045 may be used only for supplemental special education services and supplemental special education instructional materials.
(b)  Supplemental special education services must be provided by an agency-approved provider.
(c)  If the agency has approved vendors for a category of instructional material under Section 29.047, instructional materials must be purchased from an agency-approved vendor for that category of instructional material.  If the agency does not establish criteria for agency approval for a category of instructional materials, money in the student's account may be used to purchase the instructional materials from any vendor.
Added by Acts 2021, 87th Leg., R.S., Ch. 1048 (S.B. 1716), Sec. 1, eff. June 18, 2021.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle F - Curriculum, Programs, and Services › Chapter 29 - Educational Programs › Subchapter A. -1. Supplemental Special Education Services Program › Section 29.047. Agency-Approved Providers and Vendors: Criteria and Application

Sec. 29.047.  AGENCY-APPROVED PROVIDERS AND VENDORS:  CRITERIA AND APPLICATION.  (a)  The agency shall establish criteria necessary for agency approval for each category of provider of a professional service that is a supplemental special education service, as identified by the agency.
(b)  The criteria established under this section must require a provider of a category of professional service to be appropriately licensed or accredited in this state to provide that service, including providers of physical therapy, occupational therapy, and speech therapy.
(c)  The agency shall provide a procedure for providers of supplemental special education services to apply to the agency to become an agency-approved provider.
(d)  The agency may establish criteria for agency approval of vendors for each category of supplemental special education instructional materials identified by the agency.
(e)  If the agency establishes criteria for agency approval for a vendor of a category of supplemental special education instructional materials, the agency shall provide a procedure for vendors of that category to apply to the agency to become an agency-approved vendor.
Added by Acts 2021, 87th Leg., R.S., Ch. 1048 (S.B. 1716), Sec. 1, eff. June 18, 2021.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle F - Curriculum, Programs, and Services › Chapter 29 - Educational Programs › Subchapter A. -1. Supplemental Special Education Services Program › Section 29.048. Admission, Review, and Dismissal Committee Duties

Sec. 29.048.  ADMISSION, REVIEW, AND DISMISSAL COMMITTEE DUTIES.  (a)  A student's admission, review, and dismissal committee shall develop a student's individualized education program under Section 29.005, in compliance with the Individuals with Disabilities Education Act (20 U.S.C. Section 1400 et seq.), without consideration of any supplemental special education services that may be provided under the program under this subchapter.
(b)  The admission, review, and dismissal committee of a student approved for participation in the program shall provide to the student's parent at an admission, review, and dismissal committee meeting for the student:
(1)  information regarding the types of supplemental special education services available under the program and provided by agency-approved providers for which an account maintained under Section 29.042(b) for the student may be used; and
(2)  instructions regarding accessing an account described by Subdivision (1).
Added by Acts 2021, 87th Leg., R.S., Ch. 1048 (S.B. 1716), Sec. 1, eff. June 18, 2021.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle F - Curriculum, Programs, and Services › Chapter 29 - Educational Programs › Subchapter A. -1. Supplemental Special Education Services Program › Section 29.049. Rules

Sec. 29.049.  RULES.  The commissioner shall adopt rules as necessary to administer the supplemental special education services and instructional materials program under this subchapter.
Added by Acts 2021, 87th Leg., R.S., Ch. 1048 (S.B. 1716), Sec. 1, eff. June 18, 2021.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle F - Curriculum, Programs, and Services › Chapter 29 - Educational Programs › Subchapter B. Bilingual Education and Special Language Programs › Section 29.051. State Policy

Sec. 29.051.  STATE POLICY.  English is the basic language of this state.  Public schools are responsible for providing a full opportunity for all students to become competent in speaking, reading, writing, and comprehending the English language.  Large numbers of students in the state come from environments in which the primary language is other than English.  Experience has shown that public school classes in which instruction is given only in English are often inadequate for the education of those students.  The mastery of basic English language skills is a prerequisite for effective participation in the state's educational program.  Bilingual education and special language programs can meet the needs of those students and facilitate their integration into the regular school curriculum.  Therefore, in accordance with the policy of the state to ensure equal educational opportunity to every student, and in recognition of the educational needs of emergent bilingual students, this subchapter provides for the establishment of bilingual education and special language programs in the public schools and provides supplemental financial assistance to help school districts meet the extra costs of the programs.
Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 973 (S.B. 2066), Sec. 5, eff. September 1, 2021.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle F - Curriculum, Programs, and Services › Chapter 29 - Educational Programs › Subchapter B. Bilingual Education and Special Language Programs › Section 29.052. Definitions

Sec. 29.052.  DEFINITIONS.  In this subchapter:
(1)  "Emergent bilingual student" means a student whose primary language is other than English and whose English language skills are such that the student has difficulty performing ordinary classwork in English.
(2)  "Parent" includes a legal guardian of a student.
Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 973 (S.B. 2066), Sec. 6, eff. September 1, 2021.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle F - Curriculum, Programs, and Services › Chapter 29 - Educational Programs › Subchapter B. Bilingual Education and Special Language Programs › Section 29.053. Establishment of Bilingual Education and Special Language Programs

Sec. 29.053.  ESTABLISHMENT OF BILINGUAL EDUCATION AND SPECIAL LANGUAGE PROGRAMS.  (a)  The agency shall establish a procedure for identifying school districts that are required to offer bilingual education and special language programs in accordance with this subchapter.
(b)  Within the first four weeks following the first day of school, the language proficiency assessment committee established under Section 29.063 shall determine and report to the board of trustees of the district the number of emergent bilingual students on each campus and shall classify each student according to the language in which the student possesses primary proficiency.  The board shall report that information to the agency before November 1 each year.
(c)  Each district with an enrollment of 20 or more emergent bilingual students in any language classification in the same grade level shall offer a bilingual education or special language program.
(d)  Each district that is required to offer bilingual education and special language programs under this section shall offer the following for emergent bilingual students:
(1)  bilingual education in kindergarten through the elementary grades;
(2)  bilingual education, instruction in English as a second language, or other transitional language instruction approved by the agency in post-elementary grades through grade 8; and
(3)  instruction in English as a second language in grades 9 through 12.
Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 973 (S.B. 2066), Sec. 7, eff. September 1, 2021.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle F - Curriculum, Programs, and Services › Chapter 29 - Educational Programs › Subchapter B. Bilingual Education and Special Language Programs › Section 29.054. Exception

Sec. 29.054.  EXCEPTION.  (a)  If a program other than bilingual education must be used in kindergarten through the elementary grades, documentation for the exception must be filed with and approved by the agency.
(b)  An application for an exception may be filed with the agency when a district is unable to hire a sufficient number of teachers with teaching certificates appropriate for bilingual education instruction to staff the required program.  The application must be accompanied by:
(1)  documentation showing that the district has taken all reasonable affirmative steps to secure teachers with teaching certificates appropriate for bilingual education instruction and has failed;
(2)  documentation showing that the district has affirmative hiring policies and procedures consistent with the need to serve emergent bilingual students;
(3)  documentation showing that, on the basis of district records, no teacher having a teaching certificate appropriate for bilingual instruction or emergency credentials has been unjustifiably denied employment by the district within the past 12 months; and
(4)  a plan detailing specific measures to be used by the district to eliminate the conditions that created the need for an exception.
(c)  An exception shall be granted under this section on an individual district basis and is valid for only one year.  Application for an exception for a second or succeeding year must be accompanied by the documentation prescribed by Subsection (b).
(d)  During the period for which a district is granted an exception under this section, the district must use alternative methods approved by the agency to meet the needs of its emergent bilingual students, including hiring teaching personnel under a bilingual emergency permit.
Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 973 (S.B. 2066), Sec. 8, eff. September 1, 2021.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle F - Curriculum, Programs, and Services › Chapter 29 - Educational Programs › Subchapter B. Bilingual Education and Special Language Programs › Section 29.055. Program Content; Method of Instruction

Sec. 29.055.  PROGRAM CONTENT;  METHOD OF INSTRUCTION.  (a)  A bilingual education program established by a school district shall be a full-time program of dual-language instruction that provides for learning basic skills in the primary language of the students enrolled in the program and for carefully structured and sequenced mastery of English language skills.  A program of instruction in English as a second language established by a school district shall be a program of intensive instruction in English from teachers trained in recognizing and dealing with language differences.
(b)  A program of bilingual education or of instruction in English as a second language shall be designed to consider the students' learning experiences and shall incorporate the cultural aspects of the students' backgrounds.
(c)  In subjects such as art, music, and physical education, emergent bilingual students shall participate fully with English-speaking students in regular classes provided in the subjects.
(d)  Elective courses included in the curriculum may be taught in a language other than English.
(e)  Each school district shall provide students enrolled in the program a meaningful opportunity to participate fully with other students in all extracurricular activities.
(f)  If money is appropriated for the purpose, the agency shall establish a limited number of pilot programs for the purpose of examining alternative methods of instruction in bilingual education and special language programs.
Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 973 (S.B. 2066), Sec. 9, eff. September 1, 2021.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle F - Curriculum, Programs, and Services › Chapter 29 - Educational Programs › Subchapter B. Bilingual Education and Special Language Programs › Section 29.0561. Evaluation of Transferred Students; Reenrollment

Sec. 29.0561.  EVALUATION OF TRANSFERRED STUDENTS; REENROLLMENT.  (a)  The language proficiency assessment committee shall reevaluate a student who is transferred out of a bilingual education or special language program under Section 29.056(g) if the student earns a failing grade in a subject in the foundation curriculum under Section 28.002(a)(1) during any grading period in the first two school years after the student is transferred to determine whether the student should be reenrolled in a bilingual education or special language program.
(b)  During the first two school years after a student is transferred out of a bilingual education or special language program under Section 29.056(g), the language proficiency assessment committee shall review the student's performance and consider:
(1)  the total amount of time the student was enrolled in a bilingual education or special language program;
(2)  the student's grades each grading period in each subject in the foundation curriculum under Section 28.002(a)(1);
(3)  the student's performance on each assessment instrument administered under Section 39.023(a) or (c);
(4)  the number of credits the student has earned toward high school graduation, if applicable; and
(5)  any disciplinary actions taken against the student under Subchapter A, Chapter 37.
(c)  After an evaluation under this section, the language proficiency assessment committee may require intensive instruction for the student or reenroll the student in a bilingual education or special language program.
Added by Acts 2006, 79th Leg., 3rd C.S., Ch. 5 (H.B. 1), Sec. 3.07, eff. May 31, 2006.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle F - Curriculum, Programs, and Services › Chapter 29 - Educational Programs › Subchapter B. Bilingual Education and Special Language Programs › Section 29.057. Facilities; Classes

Sec. 29.057.  FACILITIES;  CLASSES.  (a)  Bilingual education and special language programs must be located in the regular public schools of the district rather than in separate facilities.
(b)  Students enrolled in bilingual education or a special language program shall be placed in classes with other students of approximately the same age and level of educational attainment.  The school district shall ensure that the instruction given each student is appropriate to the student's level of educational attainment, and the district shall keep adequate records of the educational level and progress of each student enrolled in the program.
(c)  The maximum student-teacher ratio shall be set by the agency and shall reflect the special educational needs of students enrolled in the programs.
Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle F - Curriculum, Programs, and Services › Chapter 29 - Educational Programs › Subchapter B. Bilingual Education and Special Language Programs › Section 29.058. Enrollment of Students Who Do Not Have Limited English Proficiency

Sec. 29.058.  ENROLLMENT OF STUDENTS WHO DO NOT HAVE LIMITED ENGLISH PROFICIENCY.  With the approval of the school district and a student's parents, a student who does not have limited English proficiency may also participate in a bilingual education program.  The number of participating students who do not have limited English proficiency may not exceed 40 percent of the number of students enrolled in the program.
Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle F - Curriculum, Programs, and Services › Chapter 29 - Educational Programs › Subchapter B. Bilingual Education and Special Language Programs › Section 29.059. Cooperation Among Districts

Sec. 29.059.  COOPERATION AMONG DISTRICTS.  (a)  A school district may join with one or more other districts to provide the bilingual education and special language programs required by this subchapter.  The availability of the programs shall be publicized throughout the districts involved.
(b)  A school district may allow a nonresident emergent bilingual student to enroll in or attend its bilingual education or special language programs if the student's district of residence does not provide an appropriate program.  The tuition for the student shall be paid by the district in which the student resides.
Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 973 (S.B. 2066), Sec. 11, eff. September 1, 2021.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle F - Curriculum, Programs, and Services › Chapter 29 - Educational Programs › Subchapter B. Bilingual Education and Special Language Programs › Section 29.060. Preschool, Summer School, and Extended Time Programs

Sec. 29.060.  PRESCHOOL, SUMMER SCHOOL, AND EXTENDED TIME PROGRAMS.  (a)  Each school district that is required to offer a bilingual education or special language program shall offer a voluntary program for emergent bilingual children who will be eligible for admission to kindergarten or the first grade at the beginning of the next school year.  A school that operates on a system permitted by this code other than a semester system shall offer 120 hours of instruction on a schedule the board of trustees of the district establishes.  A school that operates on a semester system shall offer the program:
(1)  during the period school is recessed for the summer; and
(2)  for one-half day for eight weeks or on a similar schedule approved by the board of trustees.
(b)  Enrollment of a child in the program is optional with the parent of the child.
(c)  The program must be an intensive bilingual education or special language program that meets standards established by the agency.  The student/teacher ratio for the program may not exceed 18/1.
(d)  A school district may establish on a full- or part-time basis other summer school, extended day, or extended week bilingual education or special language programs for emergent bilingual students and may join with other districts in establishing the programs.
(e)  The programs required or authorized by this section may not be a substitute for programs required to be provided during the regular school year.
(f)  The legislature may appropriate money from the foundation school fund for support of a program under Subsection (a).
Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 973 (S.B. 2066), Sec. 12, eff. September 1, 2021.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle F - Curriculum, Programs, and Services › Chapter 29 - Educational Programs › Subchapter B. Bilingual Education and Special Language Programs › Section 29.061. Bilingual Education and Special Language Program Teachers

Sec. 29.061.  BILINGUAL EDUCATION AND SPECIAL LANGUAGE PROGRAM TEACHERS.  (a)  The State Board for Educator Certification shall provide for the issuance of teaching certificates appropriate for bilingual education instruction to teachers who possess a speaking, reading, and writing ability in a language other than English in which bilingual education programs are offered and who meet the general requirements of Chapter 21.  The board shall also provide for the issuance of teaching certificates appropriate for teaching English as a second language.  The board may issue emergency endorsements in bilingual education and in teaching English as a second language.
(b)  A teacher assigned to a bilingual education program using one of the following program models must be appropriately certified for bilingual education by the board:
(1)  transitional bilingual/early exit program model; or
(2)  transitional bilingual/late exit program model.
(b-1)  A teacher assigned to a bilingual education program using a dual language immersion/one-way or two-way program model must be appropriately certified by the board for:
(1)  bilingual education for the component of the program provided in a language other than English; and
(2)  bilingual education or English as a second language for the component of the program provided in English.
(b-2)  A school district that provides a bilingual education program using a dual language immersion/one-way or two-way program model may assign a teacher certified under Subsection (b-1)(1) for the language other than English component of the program and a different teacher certified under Subsection (b-1)(2) for the English language component.
(c)  A teacher assigned to an English as a second language program must be appropriately certified for English as a second language by the board.
(d)  A school district may compensate a bilingual education or special language teacher for participating in a continuing education program that is in addition to the teacher's regular contract.  The continuing education program must be designed to provide advanced bilingual education or special language program endorsement or skills.
(e)  The State Board for Educator Certification and the Texas Higher Education Coordinating Board shall develop a comprehensive plan for meeting the teacher supply needs created by the programs outlined in this subchapter.
Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 453 (H.B. 218), Sec. 1, eff. June 15, 2015.