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


Senate Research Center   S.B. 1141
76R8527 KKA-DBy: Zaffirini
Human Services
3/22/1999
As Filed


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 would 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 proposed, 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 surrogates for parents of
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, 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. ASSIGNMENT OF FOSTER PARENT AS SURROGATE PARENT. Entitles a
foster parent to be assigned to act as a surrogate for parents 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. 

SECTION 3. Amends Section 107.031, Family Code, by adding Subsection (e),
to authorizes a court-certified volunteer advocate to be assigned to act as
a surrogate for the child's parent 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 has not been assigned to act as a surrogate. 

SECTION 4. Effective date: September 1, 1999.

SECTION 5. Emergency clause.