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.