HBA-NLM S.B. 1141 76(R)    BILL ANALYSIS


Office of House Bill AnalysisS.B. 1141
By: Zaffirini
Human Services
4/19/1999
Engrossed


BACKGROUND AND PURPOSE 

Currently, discrepancies exist on the issue of appointing foster parents or
guardians ad litem as surrogate parents for students with disabilities, and
it has been cited that persons appointed to be surrogates for parents of
children with disabilities need certain training and knowledge to represent
the best interests of the child.  The purpose of this bill is to clarify
procedures in assigning foster parents and guardians ad litem as surrogates
and require the Texas Education Agency to establish minimum standards for
training potential surrogate parents who will be required to meet specific
qualifications. S.B. 1141 establishes procedures for assigning persons to
act as surrogate parents for certain public education students with
disabilities. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that rulemaking
authority is expressly delegated to the Texas Education Agency in SECTION 1
(Section 29.001, Education Code) of this bill. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 29.001, Education Code, to require the Texas
Education Agency (agency) to develop and implement a statewide plan to
ensure that an individual assigned to act as a surrogate parent for
children with disabilities is required to complete a training program that
complies with standards established by agency rule, visit the child and the
child's school, consult with persons involved in the child's education,
review the child's educational records, attend meetings of the child's
admission, review, and dismissal committee, exercise judgment in pursuing
the child's interest, and exercise the child's due process rights. 

SECTION 2. Amends Subchapter A, Chapter 29, Education Code, by adding
Section 29.015, as follows: 

Sec. 29.015. FOSTER PARENTS. Requires a school district to give
preferential consideration to a foster parent of a child with a disability
when assigning a surrogate parent for the child. Authorizes a foster parent
to act as a parent of a child with a disability if the Department of
Protective and Regulatory Services (department) is appointed as the
managing conservator of the child, the child has been placed with a foster
parent for at least 60 days, the foster parent agrees to make educational
decisions on the child's behalf and complete a training program that meets
standards established by agency rule, and the foster parent has no interest
that conflicts with those of the child.  Authorizes a foster parent who is
denied the right to act as a surrogate parent or a parent under this
section by a school to file a complaint with the agency in accordance with
federal law and regulations. 

SECTION 3.  Amends Section 107.031, Family Code, by adding Subsection (e),
to authorize a courtcertified volunteer advocate to be assigned to act as a
surrogate parent for a child if the child is in the conservatorship of the
department, the volunteer advocate is serving as guardian ad litem for the
child, and a foster parent of the child not acting as the child's parent. 

SECTION 4. Effective date: September 1, 1999.

SECTION 5. Emergency clause.