HB1011 - Relating to required screenings for pediatric feeding disorder for students with certain disabilities and to the individualized education programs for certain public school students with pediatric feeding disorder.

  89R1061 PRL-F     By: Johnson H.B. No. 1011       A BILL TO BE ENTITLED   AN ACT   relating to required screenings for pediatric feeding disorder for   students with certain disabilities and to the individualized   education programs for certain public school students with   pediatric feeding disorder.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 29.005, Education Code, is amended by   adding Subsection (e-1) to read as follows:           (e-1)     The commissioner by rule shall require a school   district to include in the individualized education program of a   student with pediatric feeding disorder, as determined by the   results of a screening required under Section 29.023:                 (1)     a safe feeding and swallowing plan that specifies   individualized strategies that promote safe, efficient, and   adequate nutrition and hydration for the student while on a school   campus, including, as determined necessary for the student:                       (A)     the level of support that the student   requires during feeding;                       (B)     the appropriate feeding environment for the   student;                         (C)     the student's dietary modifications or   accommodations, including food allergies;                       (D)  the student's cultural dietary restrictions;                         (E)     the appropriate positioning of the student   during feeding;                       (F)     the equipment necessary for food preparation   and feeding;                       (G)  the appropriate feeding techniques; or                         (H)     any precautions, including emergency   procedures; and                   (2)     any information or requirement determined   necessary to ensure the student receives a free appropriate public   education as required under the Individuals with Disabilities   Education Act (20 U.S.C. Section 1400 et seq.).            SECTION 2.  Subchapter A, Chapter 29, Education Code, is   amended by adding Section 29.023 to read as follows:           Sec.   29.023.     PEDIATRIC FEEDING DISORDER SCREENING. (a) In   this section, "pediatric feeding disorder" means impaired oral   intake that is not age appropriate and is associated with medical,   nutritional, feeding skill, or psychological dysfunction that   requires intervention through an individualized safe feeding and   swallowing plan.             (b)     Each school district shall ensure that a student who is   eligible to receive special education services under this   subchapter and presents with a feeding or swallowing concern is   screened or rescreened for pediatric feeding disorder in accordance   with rules adopted for that purpose under Section 36.004, Health   and Safety Code.             (c)     A school district may coordinate with the Department of   State Health Services in developing a pediatric feeding disorder   screening program under this section and may receive assistance   from the department under Section 36.004, Health and Safety Code.            SECTION 3.  Section 36.003, Health and Safety Code, is   amended by adding Subdivision (2-a) to read as follows:                 (2-a) "Pediatric feeding disorder" means impaired oral   intake that is not age appropriate and is associated with medical,   nutritional, feeding skill, or psychological dysfunction that   requires intervention through an individualized safe feeding and   swallowing plan.          SECTION 4.  Section 36.004, Health and Safety Code, is   amended by adding Subsections (b-2) and (b-3) to read as follows:           (b-2)     The rules must include screening and rescreening   requirements for pediatric feeding disorder for any individual who   is eligible to receive special education services under Subchapter   A, Chapter 29, Education Code, and presents with a feeding or   swallowing concern.           (b-3)     A screening or rescreening required under Subsection   (b-2) must be conducted by a group of professionals with experience   in assessing pediatric feeding disorder, which may include any of   the following:                 (1)  a speech-language pathologist;                   (2)  an occupational therapist;                 (3)  a nurse;                   (4)  a parent of the individual screened;                   (5)  a teacher;                   (6)  a physical therapist;                   (7)  a dietitian;                   (8)  a physician;                   (9)  a social worker; or                   (10)  a psychologist.          SECTION 5.  Section 29.023, Education Code, as added by this   Act, applies beginning with the 2025-2026 school year.          SECTION 6.  As soon as practicable after the effective date   of this Act, the executive commissioner of the Health and Human   Services Commission shall adopt or amend rules as necessary to   comply with Sections 36.004(b-2) and (b-3), Health and Safety Code,   as added by this Act.          SECTION 7.  This Act takes effect immediately if it receives   a vote of two-thirds of all the members elected to each house, as   provided by Section 39, Article III, Texas Constitution.  If this   Act does not receive the vote necessary for immediate effect, this   Act takes effect September 1, 2025.