HBA-MPM S.B. 870 76(R)    BILL ANALYSIS


Office of House Bill AnalysisS.B. 870
By: Cain
Public Education
4/17/1999
Engrossed



BACKGROUND AND PURPOSE 

Currently, parents or guardians of special education students are provided
with a brochure explaining the procedural safeguards in the Individuals
with Disabilities Education Act as required by federal law.  The brochure
does not include the information about the special education process which
parents need in order to effectively participate in their child's
Admissions Review and Dismissal meetings.  S.B. 870 establishes provisions
regarding the right of parents to information concerning special education,
including requiring the Texas Education Agency to make certain information
available in a document form and supply it to school districts for
disbursement to parents whose children participate in the district's
special education program. 

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 produce and provide to
school districts (districts) sufficient copies of a comprehensive, easily
understood document explaining the process by which an individualized
education program (IEP) is developed for a student in a special education
program and the parents' rights and responsibilities concerning this
process.  Provides that the document must include information a parent
needs to effectively participate in an admission, review, and dismissal
(ARD) committee meeting for the parent's child. 

(b)  Provides that the agency will ensure that each district provides the
document required under this section to the parent as provided by 20
U.S.C., Section 1415(b) (Education, Procedural Safeguards, Required
Procedures; Hearing):  

_as soon as practicable after a child is referred to determine the child's
eligibility for admission into the district's special education program,
but at least five school days before the initial meeting of the ARD
committee; and 
_at any other time on reasonable request of the child's parent.

SECTION 2.  Requires the agency to ensure that each district provides the
document required under Section 26.0081, Education Code, as added by this
Act, no later than June 1, 2001, to the parent of or the person standing in
parental relation to each child participating in the district's special
education program. 

SECTION 3.  Effective date:  September 1, 1999.

SECTION 4.  Emergency clause.