HBA-MPM H.B. 1275 76(R)BILL ANALYSIS


Office of House Bill AnalysisH.B. 1275
By: Luna, Vilma
Public Education
9/14/1999
Enrolled



BACKGROUND AND PURPOSE 

Federal law requires every student with disabilities who is eligible for
special education services to have an individualized education plan (IEP),
which is developed by the student's parent or parents, teachers, principal,
a diagnostician, and relevant others, including administrators.  The IEP is
the primary agreement between the school and the parent or parents on what
special education and related services the school will provide to the
student and when and where those services will be provided.  It also
outlines what is expected of the student academically, how the student's
progress will be measured, and whether the student will take the TAAS test. 

Federal law requires that the letter notifying the parent or parents of a
meeting to develop, revise, or review the student's IEP be translated into
the parent's native language, however, there is no federal or state law
requiring the actual IEP to be translated.  H.B. 1275 requires the school
district to provide parents with a copy of the student's IEP in the
parent's native language via a written report or audiotaped translation. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 29.005, Education Code, by adding Subsection
(d), as follows: 

(d)  Requires a school district to provide a parent with a written or
audiotaped copy of the parent's child's individualized education program
(IEP) translated into Spanish if the parent's native language is Spanish
and the parent cannot speak English.  Requires the district to make a good
faith effort to provide the parent with this translated material if the
parent's native language is a language other than Spanish and the parent
cannot speak English. 

SECTION 2.  Emergency clause.
  Effective date: upon passage.