C.S.H.B. 1339 78(R)    BILL ANALYSIS


C.S.H.B. 1339
By: Eissler
Public Education
Committee Report (Substituted)



BACKGROUND

Under current law, a full individual and initial evaluation of a student
for purposes of special education services must be completed no later than
the 60th calendar day following the date on which the referral for
evaluation was initiated by school personnel, the student's parent or
legal guardian or another appropriate person. This triggering date is not
consistent with other state and federal requirements. 

Federal law requires that any initial evaluation be conducted only upon
receipt of parental consent obtained following a full explanation of
procedural safeguards and no evaluation can take place until such consent
is obtained. Often times, the school district is left with a very short
period of time between the date consent is obtained and the date the
evaluation is actually completed, given the 60-day time period
requirement. The time lag in awaiting parental consent has resulted in
school districts being found in violation of the 60-day requirement. 


PURPOSE

The purpose of C.S.H.B. 1339 is to clarify the administrative process
regarding special education evaluations for school districts  by
coordinating the evaluation date with federal guidelines.  


RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any
additional rulemaking authority to a state officer, department, agency or
institution. 


ANALYSIS

C.S.H.B. 1339 amends the Education Code to require the Texas Education
Agency to produce and provide to school districts a written explanation of
the options and requirements for providing assistance to students who have
learning difficulties or who need special education. The bill requires the
explanation to state that a parent is entitled to request an evaluation of
their child at any time. The bill requires each school district to
distribute the written explanation each school year. 

The bill requires a school district to complete an evaluation of a student
for purposes of special education services not later than the 60th
calendar day following the date on which the school district, in
accordance with federal guidelines on the evaluation of a child with a
disability (20 U.S.C. Section 1414(a)), receives written, parental consent
for the evaluation. 

The bill stipulates that this Act applies only to reports for any
evaluations performed on or after the effective date of this Act.  


EFFECTIVE DATE

September 1, 2003.

 COMPARISON OF ORIGINAL TO SUBSTITUTE

C.S.H.B. 1339 amends the original version by adding provisions regarding
the production and distribution of a written explanation relating to
students with learning difficulties.