Several hundred new Texas laws are now in effect, and a number of them have implications for those with a disability or special need. We compiled more than a dozen laws you may want on your radar, related to special education, health and medicine, voting, criminal justice and more topics.
EDUCATION LAWS
Compensating for Pandemic Learning Loss: Texas lawmakers passed the COVID-19 Special Education Recovery Act, which provides for necessary educational services to make up for learning and skills lost when school districts did not provide services designated in an individualized education program (IEP) plan. According to this measure, admission, review and dismissal (ARD) committee for each student who has a disability must undertake an individual review for compensatory services due to school closures. (Disability Rights Texas’ blog provides more details.)
Better Behavioral Plans: Public schools are now required to better plan for and monitor behavioral changes that could negatively impact performance in school. Part of a student’s IEP, behavioral intervention plans (BIPs) promote positive solutions to behavior issues, rather than just punishment. A change to the Texas Education Code has implications for how frequently a student’s BIP is reviewed and the requirements for notifying parents when physical restraint is used or when a placement change occurs related to disciplinary measures. (Another Disability Right Texas blog post goes in-depth on this one.)
Masks in Schools: There is an executive order in Texas prohibiting school districts and charter schools from having mask mandates; some schools have implemented them anyway. There are a number of legal battles underway; in late September, the Justice Department weighed in on a lawsuit from students with disabilities who are concerned about heightened risk. “The serious adverse consequences on students with certain disabilities is readily foreseeable,” read the statement in part. Keep an eye out for future developments, and check with your child’s district about their protocols.
RELATED: How to create a special needs trust
UIL for Students with Disabilities: With the passage of SB 776, the University Interscholastic League (UIL) will develop and maintain an inclusive sports program for students with intellectual disabilities at participating secondary schools.
Bilingual Special Education Certificate: Through HB 2256, the State Board for Educator Certification will establish a bilingual special education certificate for teachers to serve students who are not proficient in English.
HEALTH AND MEDICINE
Preventing Discrimination in Organ Transplants: HB 119 makes it illegal for health care providers to discriminate against potential organ transplant recipients based on their disability. Doctors may consider the disability, however, when it is medically significant to the transplant.
Medical Marijuana Expansion: HB 1535 broadens the Texas Compassionate Use Program, which provides medical marijuana access to those who have conditions such as epilepsy and autism. The expansion permits the use of low-TCH cannabis related to any form of cancer or post-traumatic stress disorder.
VOTING LAWS
Tightened Voting Protocol: SB 1 tightens how and when voters cast ballots. Disability Rights Texas is among the groups challenging that law, believing that it violates the Voting Rights Act, the Americans with Disabilities Act and the Constitution.
In addition, HB 3920 has new limits on who can request a vote-by-mail ballot and why. The measure provides limitations on what qualifies as a disability, and voters with a disability who request a mail ballot must sign a statement attesting to their physical inability to go to a polling location.
CRIMINAL JUSTICE
Juvenile Court Changes: According to HB 2107, a juvenile court must order a child who can’t participate in court proceedings because of an intellectual disability to receive services for the disability (on an outpatient basis for a specified period) if the court determines that the child may be adequately treated or served in an alternate setting. The court will have to consult with probation departments and local service providers to determine the appropriate treatment before issuing the order.
IDD and Jail: HB 2831 calls for the Commission on Jail Standards to establish a committee to gather data about confinement of those with intellectual and developmental disabilities (IDD), provide recommendations, assist in monitoring identification of those with IDD and improving intake.
Defendants with Disabilities: SB 49 provides for revised and updated procedures for defendants who have a mental illness or intellectual disability. Protocol changes relate to expert reports, personal bonds and medications.
MISCELLANEOUS
Expanding the Definition of “Bike”: In terms of road rules, Transportation Code’s definition of “bicycle” will broaden under HB 3665 to encompass devices the with more than two wheels, including modifications for adaptive riding.
Easier Access to SNAP: People with disabilities who are on fixed incomes (as well as seniors) will find it easier to use the Supplemental Nutrition Assistance Program, or SNAP, through SB 224. If eligible, they can skip enrollment interviews and have a quicker application process.
RELATED: How to create a trust for your child with special needs
Image: iStock
