Bill Text: TX HB1011 | 2025-2026 | 89th Legislature | Introduced
Bill Title: Relating to required screenings for pediatric feeding disorder for students with certain disabilities and to the individualized education programs for certain public school students with pediatric feeding disorder.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced) 2024-11-12 - Filed [HB1011 Detail]
Download: Texas-2025-HB1011-Introduced.html
| 89R1061 PRL-F | ||
| By: Johnson | H.B. No. 1011 | |
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| relating to required screenings for pediatric feeding disorder for | ||
| students with certain disabilities and to the individualized | ||
| education programs for certain public school students with | ||
| pediatric feeding disorder. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Section 29.005, Education Code, is amended by | ||
| adding Subsection (e-1) to read as follows: | ||
| (e-1) The commissioner by rule shall require a school | ||
| district to include in the individualized education program of a | ||
| student with pediatric feeding disorder, as determined by the | ||
| results of a screening required under Section 29.023: | ||
| (1) a safe feeding and swallowing plan that specifies | ||
| individualized strategies that promote safe, efficient, and | ||
| adequate nutrition and hydration for the student while on a school | ||
| campus, including, as determined necessary for the student: | ||
| (A) the level of support that the student | ||
| requires during feeding; | ||
| (B) the appropriate feeding environment for the | ||
| student; | ||
| (C) the student's dietary modifications or | ||
| accommodations, including food allergies; | ||
| (D) the student's cultural dietary restrictions; | ||
| (E) the appropriate positioning of the student | ||
| during feeding; | ||
| (F) the equipment necessary for food preparation | ||
| and feeding; | ||
| (G) the appropriate feeding techniques; or | ||
| (H) any precautions, including emergency | ||
| procedures; and | ||
| (2) any information or requirement determined | ||
| necessary to ensure the student receives a free appropriate public | ||
| education as required under the Individuals with Disabilities | ||
| Education Act (20 U.S.C. Section 1400 et seq.). | ||
| SECTION 2. Subchapter A, Chapter 29, Education Code, is | ||
| amended by adding Section 29.023 to read as follows: | ||
| Sec. 29.023. PEDIATRIC FEEDING DISORDER SCREENING. (a) In | ||
| this section, "pediatric feeding disorder" means impaired oral | ||
| intake that is not age appropriate and is associated with medical, | ||
| nutritional, feeding skill, or psychological dysfunction that | ||
| requires intervention through an individualized safe feeding and | ||
| swallowing plan. | ||
| (b) Each school district shall ensure that a student who is | ||
| eligible to receive special education services under this | ||
| subchapter and presents with a feeding or swallowing concern is | ||
| screened or rescreened for pediatric feeding disorder in accordance | ||
| with rules adopted for that purpose under Section 36.004, Health | ||
| and Safety Code. | ||
| (c) A school district may coordinate with the Department of | ||
| State Health Services in developing a pediatric feeding disorder | ||
| screening program under this section and may receive assistance | ||
| from the department under Section 36.004, Health and Safety Code. | ||
| SECTION 3. Section 36.003, Health and Safety Code, is | ||
| amended by adding Subdivision (2-a) to read as follows: | ||
| (2-a) "Pediatric feeding disorder" means impaired oral | ||
| intake that is not age appropriate and is associated with medical, | ||
| nutritional, feeding skill, or psychological dysfunction that | ||
| requires intervention through an individualized safe feeding and | ||
| swallowing plan. | ||
| SECTION 4. Section 36.004, Health and Safety Code, is | ||
| amended by adding Subsections (b-2) and (b-3) to read as follows: | ||
| (b-2) The rules must include screening and rescreening | ||
| requirements for pediatric feeding disorder for any individual who | ||
| is eligible to receive special education services under Subchapter | ||
| A, Chapter 29, Education Code, and presents with a feeding or | ||
| swallowing concern. | ||
| (b-3) A screening or rescreening required under Subsection | ||
| (b-2) must be conducted by a group of professionals with experience | ||
| in assessing pediatric feeding disorder, which may include any of | ||
| the following: | ||
| (1) a speech-language pathologist; | ||
| (2) an occupational therapist; | ||
| (3) a nurse; | ||
| (4) a parent of the individual screened; | ||
| (5) a teacher; | ||
| (6) a physical therapist; | ||
| (7) a dietitian; | ||
| (8) a physician; | ||
| (9) a social worker; or | ||
| (10) a psychologist. | ||
| SECTION 5. Section 29.023, Education Code, as added by this | ||
| Act, applies beginning with the 2025-2026 school year. | ||
| SECTION 6. As soon as practicable after the effective date | ||
| of this Act, the executive commissioner of the Health and Human | ||
| Services Commission shall adopt or amend rules as necessary to | ||
| comply with Sections 36.004(b-2) and (b-3), Health and Safety Code, | ||
| as added by this Act. | ||
| SECTION 7. 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, 2025. | ||
