HBA-MPM H.B. 1733 76(R)BILL ANALYSIS Office of House Bill AnalysisH.B. 1733 By: Luna, Vilma Public Education 7/20/1999 Enrolled BACKGROUND AND PURPOSE H.B. 1733 requires parent representatives on the federally-mandated continuing advisory panel for special education to be parents of school-aged students currently receiving special education services under the federal Individuals with Disabilities Education Act. This bill also prohibits employees of school districts, programs, or agencies that provide special education or related services from serving as parent representatives on the panel. 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 29.006, Education Code, as follows: Sec. 29.006. New title: CONTINUING ADVISORY PANEL. Deletes "committee" from title. (a) Requires the governor to appoint a continuing advisory panel (panel), rather than a committee composed of 17 members, under 20 U.S.C., Section 1412(a)(21) (State Eligibility, State Advisory Panel) and its subsequent amendments, rather than 20 U.S., Section 1413(a)(12) (State Plans, Requisite Features). Provides that the terms of as nearly as possible to one-half of the panel members, rather than eight or nine members, expire on February 1 of each odd-numbered year. (b) Provides that for purposes of panel membership, a person who stands in parental relation to a student receiving services under 20 U.S.C., Section 1400 et seq. (Education of Individuals with Disabilities) and its subsequent amendments is considered a parent of a child with disabilities and that a parent who is an employee of a school district or of any program that delivers services under 20 U.S.C., Section 1400 et seq. and its subsequent amendments is not considered a parent of a child with disabilities. SECTION 2. Requires all positions on the panel to be filled on February 1, 2001, except the terms of those members as specified under Section 29.006(a) (Continuing Advisory Committee), Education Code, as amended by this Act. Requires the members appointed to serve beginning on February 1, 2001, to be appointed so that representation on the panel complies with Section 29.006(a), Education Code, as amended by this Act, and with 20 U.S.C., Sec. 1400 et seq. and its subsequent amendments. Requires those members to draw lots for terms in accordance with Section 29.006(a), Education Code, as amended by this Act. SECTION 3.Emergency clause. Effective date: upon passage.