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.