HBA-TBM H.B. 3030 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 3030
By: Dunnam
Public Education
4/12/2001
Introduced



BACKGROUND AND PURPOSE 

In 1997, the federal Individuals with Disabilities Education Act (IDEA) was
amended by the 105th Congress.  The final regulations implementing IDEA
were published in 1999.  Due to these new regulations, state laws regarding
special education services no longer conform to federal statutes.  House
Bill 3030 conforms state laws regarding special education to federal
statutes.   

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that rulemaking
authority is expressly delegated to the Texas Commission for the Blind, the
Texas Department of Human Services, the Texas Workforce Commission, and the
Department of Protective and Regulatory Services in SECTION 5 (Section
29.011, Education Code) of this bill.  

ANALYSIS

House Bill 3030 amends the Education Code to update and conform references
to federal special education law.  The bill requires the Texas Commission
for the Blind, the Texas Department of Human Services, the Texas Workforce
Commission, and the Department of Protective and Regulatory Services in
conjunction with the Texas Education Agency, the Texas Department of Mental
Health and Mental Retardation, and the Texas Rehabilitation Commission to
develop, agree to, and by rule adopt a memorandum of understanding.  The
memorandum adopted by the agencies establishes the respective
responsibilities of each agency to participate with school districts in
implementing transition services in accordance with the federal Individuals
with Disabilities Education Act (IDEA).  The bill repeals the provision
that the memorandum may only require an agency or school district to
provide a service it is providing at the time the memorandum is adopted.
The bill repeals the requirement that each school district develop and
annually review an individual transition plan for certain special education
students.  The bill requires all disciplinary actions regarding a student
with a disability who receives special education services to be determined
in accordance with federal law and regulations and provides that such
actions must be consistent with the consequences that would apply under
state law governing alternative settings for behavior management.  The bill
authorizes a special education hearing officer in an impartial due process
hearing  brought under IDEA to issue an order or decision that authorizes
one or more evaluations of a student who is eligible for or is suspected of
being eligible for special education services.  Such an order or decision
authorizes the evaluation of the student without parental consent.  Except
as provided by federal law, all educational rights accorded under state and
federal law to the parent of a student transfer to the minor whose
disabilities are removed for general purposes.  The bill repeals the
provision authorizing a district to aggregate the performance data of
students enrolled in a special education program or a bilingual education
or special language program on the academic skills assessment instruments
separately from the performance data of other students.   

EFFECTIVE DATE

On passage, or if the Act does not receive the necessary vote, the Act
takes effect September 1, 2001. The Act applies beginning with the
2001-2002 school year.