SRC-CTC S.B. 1735 77(R)BILL ANALYSIS


Senate Research CenterS.B. 1735
By: Cain
Education
6/12/2001
Enrolled

DIGEST AND PURPOSE 

Recently, the federal Individuals with Disabilities Education Act was
reauthorized by the United States Congress, and the final implementing
regulations were published.  These new regulations necessitate the
amendment of state statutes to reflect new federal law.  S.B. 1735 updates
current state law to conform to the revised federal law. 

RULEMAKING AUTHORITY

Rulemaking authority is expressly granted to the commissioner of education
in SECTION 8 (Section 29.017, Education Code) of this bill. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 29.002, Education Code, to redefine "special
services." 

SECTION 2.  Amends Section 29.004, Education Code, as follows:

Sec. 29.004.  New heading: FULL INDIVIDUAL AND INITIAL EVALUATION.
Requires a written report of a full individual and initial evaluation,
rather than a comprehensive individual assessment, of a student for
purposes of special education services to be completed not later than the
60th calendar day following the date on which the referral for the
evaluation was initiated by certain individuals.  Makes a conforming
change. 

SECTION 3.  Amends Sections 29.005(a) and (c), Education Code, to require a
school district, before a child is enrolled in a special education program
of the district, to establish a committee composed of the persons required
under 20 U.S.C. Section 1401(11), rather than 20 U.S.C. Section 1401(20).
Makes a conforming change. 

SECTION 4.  Amends Section 29.006, Education Code, to require the governor
to appoint a continuing advisory committee, composed of 17 members, under
20 U.S.C. Section 1412(a)(21), rather than 20 U.S.C. Section 1413(a)(12). 

SECTION 5.  Amends Section 29.012(d), Education Code, to delete existing
text related to certain requirements of the memorandum of understanding.
Requires the memorandum of understanding to establish criteria for
determining when a public school will, rather than can, provide educational
services and to provide for appropriate educational space when education
services will be provided at the residential facility. 

SECTION 6.  Amends Section 37.004, Education Code, to authorize any
disciplinary action regarding a student with disabilities that would
constitute a change in placement under federal law to occur only after a
manifestation determination review has been conducted by the student's
admission, review, and dismissal committee.  Requires all disciplinary
actions regarding a student with a disability who receives special
education services to be determined in accordance with federal law and
regulations, including the provision of certain assessments and plans.
Requires a teacher in a disciplinary alternative education program who has
a special education assignment to hold an appropriate certificate or permit
for that assignment.  Deletes existing text related to a student with a
disability meeting criteria for placement in alternative education
programs. 

SECTION 7.  Amends Section 37.019(c), Education Code, to provide that the
term of a student's emergency placement or expulsion is subject to the
requirements of 20 U.S.C. Section 1415(j) and (k), rather than Section
1415(e)(3) and 34 CFR 300.513, if the student is a student with
disabilities.  

SECTION 8.  Amends Chapter 29A, Education Code, by adding Sections 29.016
and 29.017, as follows: 

Sec. 29.016.  EVALUATION CONDUCTED PURSUANT TO A SPECIAL EDUCATION DUE
PROCESS HEARING.  Authorizes a special education hearing officer in an
impartial due process hearing brought under 20 U.S.C. 1415 to issue an
order or decision that authorizes one or more evaluations of a student who
is eligible for, or who is suspected of being eligible for, special
education services.  Provides that 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. 29.017.  TRANSFER OF PARENTAL RIGHTS AT AGE OF MAJORITY.  Requires a
student with a disability who is 18 years of age or older or whose
disabilities of minority have been removed for general purposes under
Chapter 31 (Removal of Disabilities of Minority), Family Code, to have the
same right to make educational decisions as a student without a disability,
except that the school district is required to provide any notice required
by this subchapter or 20 U.S.C. Section 1415 to both the student and the
parents.  Provides that all other rights accorded to parents under this
subchapter or 20 U.S.C. Section 1415 transfer to the student.  Provides
that all rights accorded to parents under this subchapter or in 20 U.S.C.
Section 1415 transfer to students who are incarcerated in an adult or
juvenile, state or local correctional institution.  Requires the school
district, in accordance with 34 C.F.R. Section 300.5147, to notify the
student and the parents of the transfer of rights under this section.
Requires the commissioner of education to adopt rules implementing the
provisions of 34 C.F.R. Section 300.517(b). 

SECTION 9.  Amends Section 31.006, Family Code, to provide that all
educational rights accorded to the parent of a student, including the right
to make education decisions under Section 151.003(a)(10), transfer to the
minor whose disabilities are removed for general purposes, except as
provided by federal law. 

SECTION 10.  Amends Section 26.002, Education Code, to require all rights
of a parent under Title 2 of this code and all educational rights under
Section 151.003(a)(10), Family Code, to be exercised by a student who is 18
years of age or older or whose disabilities of minority have been removed
for general purposes under Chapter 31, Family Code, unless the student has
been determined to be incompetent or the student's rights have been
otherwise restricted by a court order, except as provided by federal law. 

SECTION 11.  Repealer: Section 39.030(c) regarding compiling performance
data, Education Code. 

SECTION 12.  Makes application of this Act prospective to the 2001-2002
school year. 

SECTION 13.  Effective date: upon passage or September 1, 2001.