HB 5271 — Relating to the screening of, services for, and educational programs for children with visual impairments; authorizing an administrative penalty.

Summary

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

Bill Text

AI-generated reading aid from the bill's amendatory text — verify against the official bill.

This bill amends the Texas statutes.

• 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.).

  amended

• 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 pot

  amended

Action History

1. April 07, 2025

   Referred to Public Health

2. April 07, 2025

   Read first time

3. March 14, 2025

   Filed

Sponsors

• Mary E. González · Primary

Subjects