HB5271 - Relating to the screening of, services for, and educational programs for children with visual impairments; authorizing an administrative penalty.

  89R11608 KRM-F     By: González of El Paso H.B. No. 5271       A BILL TO BE ENTITLED   AN ACT   relating to the screening of, services for, and educational   programs for children with visual impairments; authorizing an   administrative penalty.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  This Act may be cited as Zach's Law.          SECTION 2.  Chapter 29, Education Code, is amended by adding   Subchapter J to read as follows:   SUBCHAPTER J. PROGRAMS FOR CHILDREN AND STUDENTS WITH   VISUAL IMPAIRMENT           Sec.   29.331.     DEFINITIONS. In this subchapter, "early   intervention services," "expanded core curriculum," "functional   vision assessment," "screening," and "visual impairment" have the   meanings assigned by Section 36A.001, Health and Safety Code.           Sec.   29.332.     PROGRAM REQUIRED. In addition to a special   education program under Subchapter A, a school district and   open-enrollment charter school shall provide a program for   appropriate interventions from birth, including age-appropriate   instruction in all areas of an expanded core curriculum, to a child   who:                 (1)     is referred to the district or school under   Chapter 36A, Health and Safety Code; and                 (2)     has a visual impairment, as determined by a   screening or functional vision assessment conducted under Chapter   36A, Health and Safety Code, or through a formal diagnosis of a   physician or health care provider.           Sec.   29.333.     PROGRAM CONTENTS. A program provided under   this subchapter must contain:                 (1)     expanded core curriculum instruction areas,   including age-appropriate instruction in:                       (A)  orientation and mobility;                       (B)  social interaction skills;                       (C)  independent living skills;                       (D)  assistive technology;                       (E)  self determination;                       (F)  sensory efficiency skills;                       (G)  recreation and leisure;                       (H)  compensatory or access skills; and                       (I)  career education; and                 (2)  early intervention services, including:                       (A)  vision therapy;                       (B)  developmental support; and                       (C)     access to assistive technologies to support   the child's development and learning.           Sec.   29.334.     COMPENSATORY SERVICES FOR LATE   IDENTIFICATION. (a) The agency by rule shall require school   districts and open-enrollment charter schools to provide a student   with a visual impairment who is identified after third grade with   additional instruction and support commensurate with the student's   needs to address developmental delays and the education loss of   specific visual impairment instruction under the expanded core   curriculum, caused by the delayed identification for visual   impairment.           (b)     The agency shall require school districts and   open-enrollment charter schools in conducting admission, review,   and dismissal processes to develop individualized plans to address   and remedy the delayed identification described by Subsection (a)   and provide the necessary compensatory instruction, including   additional instruction for relevant skills development and   opportunities for the student to learn and successfully complete   the expanded core curriculum.           (c)     If consensus is not reached between a parent or adult   student and a school district or open-enrollment charter school for   compensatory services provided under this section, the parent or   adult student may pursue all administrative remedies available   under the Individuals with Disabilities Education Act (20 U.S.C.   Section 1400 et seq.).          SECTION 3.  Subtitle B, Title 2, Health and Safety Code, is   amended by adding Chapter 36A to read as follows:   CHAPTER 36A. EARLY VISION SCREENING, IDENTIFICATION, AND REFERRAL   FOR YOUNG CHILDREN WITH VISUAL IMPAIRMENTS   SUBCHAPTER A. GENERAL PROVISIONS           Sec. 36A.001.  DEFINITIONS. In this chapter:                 (1)  "Agency" means the Texas Education Agency.                 (2)     "Certified orientation and mobility specialist"   means an individual who satisfies agency established requirements   and holds a certification issued by the Academy for Certification   of Vision Rehabilitation and Education Professionals.                   (3)     "Certified teacher" means a teacher who teaches   students with visual impairments and who has:                       (A)     a bachelor's degree from an accredited   university; and                       (B)     an initial teaching certification in   elementary or secondary general or special education.                 (4)     "Cortical vision impairment" means a disorder   caused by damage to areas of the brain that process vision and in   which the eyes remain healthy but the brain has difficulty   processing and understanding visual information.                 (5)     "Early intervention services" means the early   intervention services described in Part C, Individuals with   Disabilities Education Act (20 U.S.C. Sections 1431-1443).                 (6)     "Expanded core curriculum" means the set of skills   and concepts that are provided to children with a visual impairment   to compensate for visual limitations, specialized instruction,   including orientation and mobility skills, social interaction   skills, and independent living skills, and use of assistive   technology.                 (7)     "Functional vision assessment" is an evaluation of   a child's ability to use vision in daily activities, regardless of   any formal diagnosis.                 (8)     "Health care provider" means an individual or   facility licensed, certified, or otherwise authorized to   administer health care, for profit or otherwise, in the ordinary   course of business or professional practice, including a physician   or a hospital or birthing center.                 (9)     "Local education agency" means a school district   or an open-enrollment charter school.                 (10)  "Newborn" means a child less than 30 days old.                 (11)     "Physician" means a person licensed to practice   medicine in this state under Subtitle B, Title 3, Occupations Code.                 (12)     "Risk factors" means criteria or factors   identifying an infant or child as susceptible to a visual   impairment, including:                       (A)  a premature birth of less than 32 weeks;                       (B)  in vitro alcohol or substance abuse;                       (C)  birth complications;                       (D)  congenital infections;                       (E)  a history of a neurological disorder;                       (F)     a diagnosis of a seizure disorder, cerebral   palsy, intrauterine stroke, hydrocephalus, cerebral dysplasia such   as schizencephaly, cranial dysplasia such as Apert syndrome,   meningitis, encephalitis, a brain tumor, or a traumatic brain   injury;                       (G)     a genetic predisposition, including rare   chromosomal abnormalities;                       (H)     a family history of congenital visual   impairment or vision loss;                       (I)     a family history of autism spectrum disorder   or a diagnosis of autism spectrum disorder;                       (J)     a history of metabolic disorders, including   hypoglycemia, methylmalonic acidemia or propionic acidemia, Refsum   disease, mucopolysaccharidosis, neuronal ceroid lipofuscinosis,   disorders of glycosylation, or Tay-Sachs disease;                       (K)     a history of malnourishment, sensory   processing disorder, or malabsorption syndromes; or                       (L)     parent or caregiver concerns regarding   developmental vision delays.                 (13)     "Screening" means a test or battery of tests   administered to rapidly determine the need for a professional   examination.                 (14)     "Visual impairment" means a loss of vision   resulting from a disorder of the ocular system or disorder of the   visual pathways and visual centers in the brain, including the   pathways serving visual perception, cognition, and visual guidance   of movement of any type or degree.           Sec.   36A.002.     RULES. The executive commissioner may adopt   rules to implement this chapter.   SUBCHAPTER B. SCREENING, EVALUATION, AND REFERRAL SERVICES           Sec.   36A.051.     SUSCEPTIBILITY QUESTIONNAIRE. (a) The   department shall develop a susceptibility questionnaire based on   the risk factors indicating potential visual impairment in infants   and provide the questionnaire to hospitals and other birthing   facilities.           (b)     The executive commissioner by rule shall require a   physician attending a newborn or another health care provider   attending the delivery of the newborn to:                 (1)     complete and submit the susceptibility   questionnaire to the department before the physician or health care   provider may discharge the newborn from the hospital or birthing   facility; and             [Text truncated for display. Full text available on Congress.gov.]