Senate Bill (SB) 1153, 85th Texas Legislature, Regular Session, 2017, changed Texas Education Code (TEC), Section 26.0081 to require local educational agencies (LEAs) to provide parents with notice whenever their child begins to receive intervention strategies. The notice must be written in the parent's native language (to the extent practicable). It must include a reasonable description of the assistance, including any instructional strategies used. It also should include information collected regarding any intervention strategies used with the child, an estimate of the duration for which the assistance will be provided, and a timeline for when parents can expect progress will be communicated.
TEA has developed a Frequently Asked Question (FAQ) document to assist LEAs and parents in understanding the requirements of SB 1153. That FAQ can be found here in English and here in Spanish.
SECTION 3. Section 26.0081, Education Code, is amended by amending Subsection (c) and adding Subsections (d) and (e) to read as follows:
(c) The agency shall produce and provide to school districts a written explanation of the options and requirements for providing assistance to students who have learning difficulties or who need or may need special education. The explanation must state that a parent is entitled at any time to request an evaluation of the parent's child for special education services under Section 29.004 or for aids, accommodations, or services under Section 504, Rehabilitation Act of 1973 (29 U.S.C. Section 794). Each school year, each district shall provide the written explanation to a parent of each district student by including the explanation in the student handbook or by another means.
(d) Each school year, each school district shall notify a parent of each child receiving assistance from the district for learning difficulties, including through the use of intervention strategies, as that term is defined by Section 26.004, that the district provides that assistance to the child. The notice must:
(1) be written in English or, to the extent practicable, the parent's native language; and
(2) include:
(A) a reasonable description of the assistance, including any instructional strategies used;
(B) information collected regarding any intervention strategies that have been used with the child;
(C) an estimate of the duration for which the assistance will be provided;
(D) the dates on which a report on the child's progress will be provided to the parent; and
(E) a copy of the explanation provided under Subsection (c).
(e) The notice required under Subsection (d) may be provided to a child's parent at a meeting of the child's admission, review, and dismissal committee or of the team established for the child under Section 504, Rehabilitation Act of 1973 (29 U.S.C. Section 794), if applicable.