SRC-DPW S.B. 1141 76(R)BILL ANALYSIS


Senate Research CenterS.B. 1141
By: Zaffirini
Human Services
6/29/1999
Enrolled


DIGEST 

Currently, discrepancies exist on the issue of appointing foster parents or
guardians ad litem as surrogate parents, and it has been cited that persons
appointed to be surrogates for parents of children with disabilities need
certain training and knowledge to represent the best interests of the
child.  This bill will clarify procedures in assigning foster parents and
guardians ad litem as surrogates and require the Texas Education Agency to
establish minimum standards for training potential surrogate parents who
will be required to meet specific qualifications. 

PURPOSE

As enrolled, S.B. 1141 establishes procedures for assigning persons to act
as surrogate parents for certain public education students with
disabilities. 

RULEMAKING AUTHORITY

Rulemaking authority is granted to the Texas Education Agency in SECTIONS 1
and 2 (Sections 29.001, 29.015, Education Code) of this bill. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 29.001, Education Code, to require the Texas
Education Agency (agency) to develop and implement a statewide plan to
ensure that individuals assigned to act as surrogate  parents for children
with disabilities are required to complete a training program that complies
with standards established by agency rule, visit the child and the child's
school, consult with persons involved in the child's education, review the
child's educational records, attend meetings of the child's admission,
review, and dismissal committee, exercise judgment in pursuing the child's
interest, and exercise the child's due process rights. 

SECTION 2. Amends Chapter 29A, Education Code, by adding Section 29.015, as
follows: 

Sec. 29.015. FOSTER PARENTS. Authorizes a foster parent to act as a parent
of a child with a disability if the Department of Protective and Regulatory
Services (DPRS) is appointed as the managing conservator of the child, the
child has been placed with a foster parent for at least 60 days, the foster
parent agrees to make educational decisions on the child's behalf and
complete a training program that meets standards established by agency
rule, and the foster parent has no interest that conflicts with those of
the child.  Authorizes a foster parent who is denied the right to act as a
surrogate parent or a parent under this section by a school to file a
complaint with the agency in accordance with federal law and regulations. 

SECTION 3. Amends Section 107.031, Family Code, by adding Subsection (e),
to authorize a courtcertified volunteer advocate to be assigned to act as a
surrogate parent for a child if the child is in the conservatorship of the
DPRS, the volunteer advocate is serving as guardian ad litem for the child,
and a foster parent is not acting as the child's parent. 

SECTION 4. Effective date: September 1, 1999.

SECTION 5. Emergency clause.