HBA-MPM H.B. 1612 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 1612
By: Dukes
Public Education
3/25/1999
Introduced



BACKGROUND AND PURPOSE 

Federal and state special education laws have procedural requirements for
the removal of students with disabilities.  Some parents may find these
laws difficult to interpret and could benefit from the assistance of a
person who is knowledgeable of the process.  H.B. 1612 requires Texas
school districts to give parents written notice of removal hearings
including information about the parents' right to have an advocate with
them at the hearing, or to designate someone other than themselves to
represent the student during the removal process. 

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 Section 37.009, Education Code, by adding Subsection
(i), as follows: 

(i)  Entitles a parent or guardian of a student who is eligible to
participate in a school district's  special education program under Section
29.003 (Eligibility Criteria) to designate a person to serve as an advocate
and represent the student's interests at any conference, proceeding,
review, or hearing under this section.  Requires the district to notify the
parent or guardian in writing of this right prior to the conference,
proceeding, review, or hearing. 

SECTION 2.  Makes this Act applicable beginning with the 1999-2000 school
year. 

SECTION 3.Emergency clause.
  Effective date: upon passage.