SRC-SLL H.B. 2172 76(R)   BILL ANALYSIS


Senate Research Center   H.B. 2172
76R13794 CAS-DBy: Luna, Vilma (Cain)
Education
5/12/1999
Engrossed


DIGEST 

Currently, the Texas Education Agency does accreditation monitoring to
measure campus peformance.   However, TEA does not do accreditation
monitoring for special education programs. H.B. 2172 sets forth provisions
regarding TEA monitoring of school district compliance with special
education laws. 
  
PURPOSE

As proposed, H.B. 2172 sets forth provisions regarding TEA monitoring of
school district compliance with special education laws. 

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Section 29.010, Education Code, by amending Subsections (a) and
(b), and adding Subsections (e) and (f), to require the Texas Education
Agency (TEA) to adopt and implement a comprehensive system for monitoring
school district (district) compliance with federal and state laws relating
to special education.  Requires the monitoring system to provide for
ongoing analysis of district special education data and of complaints filed
with the agency concerning special education services and for inspections
of school districts at district facilities.  Requires TEA to use the
information obtained through analysis of district data and from the
complaints management system to determine the appropriate schedule for and
extent of the inspection.  Requires TEA to obtain information from teachers
of students in special education programs in the district.  Requires TEA
complaint management division to develop a system for expedited
investigation and resolution of complaints concerning a district's failure
to provide special education or related services to a student eligible to
participate in the district's special education program.  Provides that
this section does not create an obligation for or impose a requirement on a
school district or open-enrollment charter school that is not also created
or imposed under another state law or federal law.  Makes nonsubstantive
changes. 

SECTION 2.  Amends Section 39.053, Education Code, to require the annual
report to include the district's current special education compliance
status with the agency.  Makes conforming and nonsubstantive changes.  

SECTION 3.  Amends Section 39.072(b), Education Code, to require the
district's current special education compliance status with TEA to be one
of the main considerations of TEA in the rating of the district under this
section.  Deletes existing text regarding special education programs. 

SECTION 4.  Amends Section 39.073, Education Code, by adding Subsection
(e), to require TEA to consider the district's current special education
compliance status with TEA in determining a district's accreditation
rating. 

SECTION 5.  Amends Section 39.182(a), Education Code, to require TEA to
prepare and deliver to certain persons a comprehensive report covering the
preceding two school years and containing certain information, including a
list of each school district that is not in compliance with state special
education requirements, including certain information. 

SECTION 6.  Provides that SECTIONS 2 - 4 of this Act apply beginning with
the 1999-2000 school year.  Requires  the report under Section 39.182(a),
Education Code, to include the required additional information beginning
with the first report TEA would regularly make under Section 39.182(a),
Education Code, after the effective date of this Act. 

SECTION 7.  Emergency clause.
            Effective date: upon passage.