HBA-MPM H.B. 2360 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 2360
By: Olivo
Public Education
4/20/1999
Introduced
BACKGROUND AND PURPOSE 

The federal Individuals with Disabilities Education Act (IDEA) requires the
state to give parents of special education students a written document
explaining the parents' rights under the law.  The public school must give
parents this document when a child is initially referred for special
education, and at all other points in the process where decisions about the
child's education are made,  however, the document does not include
information about the special education process needed by parents in order
to effectively participate in their child's admission, review, and
dismissal (ARD) committee meetings. 

H.B. 2360 further amends the Education Code to require the Texas Education
Agency to compose a comprehensive, easily understood document explaining
the process by which an individualized education program is developed for a
student in a special education program and the rights and responsibilities
of a parent concerning this process and requires the document to include
information the parent needs to participate in an ARD meeting. 

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 Chapter 26, Education Code, by adding Section 26.0081,
as follows: 

Sec. 26.0081.  RIGHT TO INFORMATION CONCERNING SPECIAL EDUCATION.  (a)
Requires the Texas Education Agency (agency) to compose a comprehensive,
easily understood document explaining the process by which an
individualized education program is developed for a student in a special
education program and the rights and responsibilities of a parent
concerning this process.  Requires the document to include information a
parent needs to effectively participate in an admissions, review, and
dismissal committee meeting for the parent's child. 

(b)  Entitles the parent of a child who is eligible to participate in a
school district's special education program under Subchapter A (Special
Education Program), Chapter 29 (Educational Programs), Education Code, to
be provided a copy of the document by the district. 

(c) Requires the agency to ensure that each school district provides the
document required under this section as soon as practicable after a child
is determined to be eligible for admission into a special education program
and at any other time on reasonable request of the parent. 

SECTION 2.  Requires the agency to compose the document described in
Section 25.0081, Education Code, as added by this Act, no later than March
1, 2000.  Requires each school district to provide the documentation no
later than September 1, 2000, to the parent or the person standing in
parental relation to each child participating in a special education
program. 

SECTION 3.  Effective date: September 1, 1999.

SECTION 4.  Emergency clause.