HBA-TBM S.B. 1735 77(R) BILL ANALYSIS Office of House Bill AnalysisS.B. 1735 By: Cain Public Education 4/30/2001 Engrossed BACKGROUND AND PURPOSE In 1997, the federal Individuals with Disabilities Education Act (IDEA) was amended by the 105th Congress. The final regulations implementing IDEA were published in 1999. Due to these new regulations, state laws regarding special education services no longer conform to federal statutes. Senate Bill 1735 conforms state laws regarding special education to federal statutes. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that rulemaking authority is expressly delegated to the commissioner of education in SECTION 8 (Section 29.017, Education Code) of this bill. ANALYSIS Senate Bill 1735 amends the Education and Family codes to update and conform references to federal special education law. The bill authorizes disciplinary placement of a student with disabilities for nonemergency reasons to occur only after a manifestation determination review has been conducted by the student's admission, review, and dismissal committee. All disciplinary actions regarding a student with a disability who receives special education services are required to be determined in accordance with federal law and regulations. The bill provides that a teacher in a disciplinary alternative education program who has a special education assignment must hold an appropriate certificate or permit for that assignment. The bill prohibits the placement of a student with a disability who receives special education services in alternative educations programs solely for educational purposes regardless of whether the student also meets the criteria for alternative placement (Sec. 37.004, Education Code). A special education hearing officer in an impartial due process hearing brought under the federal Individuals with Disabilities Education Act is authorized to issue an order or decision that authorizes one or more evaluations of a student who is eligible for or who is suspected as being eligible for special education services. Such an order or decision authorizes the evaluation of the student without parental consent as if it were a court order for purposes of any state or federal law providing for consent by order of a court (Sec. 29.016, Education Code). The bill provides for the transfer of rights accorded to parents to the student at the age of maturity and requires the school district to notify the student and the parents of the transfer of rights (Secs. 26.002 and 29.017, Education Code and Sec. 31.006, Family Code). The bill requires the commissioner of education to adopt rules for the establishment of procedures for appointing the parent of a student with disabilities who has reached the age of majority or another appropriate individual to represent the educational interests of the student (Sec. 29.017, Education Code). EFFECTIVE DATE On passage, or if the Act does not receive the necessary vote, the Act takes effect September 1, 2001. The Act applies beginning with the 2001-2002 school year.