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.