HBA-LCA H.B. 2704 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 2704
By: Reyna, Arthur
Public Education
4/20/1999
Introduced



BACKGROUND AND PURPOSE 

Many children in Texas have learning, physical, emotional, or psychological
disabilities that hinder their ability to succeed in school.  Ensuring that
children receive the appropriate learning disabilities assessments and
psychological evaluations can be a daunting task for many parents,
especially lowincome parents who may not have the financial resources to
hire private professionals trained to test for disabilities.  Without an
assessment or evaluation, a child with disabilities may not receive
services for which the child may qualify. 

H.B. 2704 requires the Texas Education Agency (agency) to make grants to
school districts, from funds appropriated for that purpose, for special
education advocacy programs (program) to assist low-income families that
have a child who is or may be eligible for such programs.  A district that
receives a grant is authorized to contract with a nonprofit organization to
establish and operate the program. The district or nonprofit organization
operating the program is required to disseminate information about the
program through advertisements and posting notices, and to appoint a
special education advocate (advocate) for each family with a child likely
to be eligible for the program. Among other duties, the advocate must make
necessary phone calls in connection with obtaining special services for a
child and consult with school staff to establish the necessary educational
program. 

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 Subchapter A, Chapter 29, Education Code, by adding
Section 29.015, as follows: 

Sec. 29.015.  SPECIAL EDUCATION ADVOCACY PROGRAM.  (a)  Requires the Texas
Education Agency (agency) to make grants to school districts, from funds
appropriated for that purpose, for special education advocacy programs
(program) to assist low-income families that have a child who is or may be
eligible for such programs. 

(b)  Provides that a district may contract with a nonprofit organization to
establish and operate the program. 

(c)  Requires a district or nonprofit organization operating a program to
disseminate information about the program through advertisements and
posting notices, and to appoint a special education advocate (advocate) for
each family with a child likely to be eligible for the program.  Requires a
district or nonprofit organization operating a program to maintain certain
records for a family for whom an advocate is appointed.  Requires a
district or nonprofit organization to account for all expenditures of funds
in connection with operating the program. 

(d)  Requires an advocate to perform a certain specified duties.

 (e)  Defines "low-income family."

SECTION 2.  Effective date: September 1, 1999.

SECTION 3.  Emergency clause.