85R8406 KKA-D     By: Moody H.B. No. 3437       A BILL TO BE ENTITLED   AN ACT   relating to a special education recovery program operated by the   Texas Education Agency.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Subchapter A, Chapter 29, Education Code, is   amended by adding Section 29.023 to read as follows:          Sec. 29.023.  SPECIAL EDUCATION RECOVERY PROGRAM. (a) The   agency shall develop and operate a special education recovery   program for the benefit of students who may have been negatively   affected by the agency's use of a performance indicator under the   performance-based monitoring analysis system that evaluated the   percentage of the total number of enrolled students of a school   district who received special education services.          (b)  In operating the program, the agency shall:                (1)  identify each student who, during the 2004-2005   through 2016-2017 school years, was denied special education   services by a school district designated for the program in   accordance with Subsection (c);                (2)  subject to Subsection (d), provide notice to the   parent of each identified student that the student is entitled to   reevaluation of eligibility for special education services if   requested by the parent; and                (3)  make arrangements for:                      (A)  the reevaluation of each student whose parent   requests reevaluation; and                      (B)  the provision of special education services   to a student determined to be eligible for services.           (c)  The agency shall designate for participation in the   program each school district in which the participation of students   in the district's special education program declined as follows:                (1)  the number of district students receiving special   education services during the 2016-2017 school year was at least   200 fewer than the number of district students receiving special   education services during the 2004-2005 school year; or                (2)  the district's enrollment rate of students   receiving special education services during the 2016-2017 school   year was at least 75 percent less than the district's enrollment   rate of students receiving special education services during the   2004-2005 school year.          (d)  The agency is not required to provide notification under   Subsection (b)(2) or take further action in accordance with this   section if the identified student is 21 years of age or older.          (e)  The agency shall operate the program using federal funds   available to the agency for statewide special education activities.          (f)  The commissioner may adopt rules necessary to implement   this section.          (g)  This section expires September 1, 2021.          SECTION 2.  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, 2017.