SRC-EPT H.B. 1441 78(R)   BILL ANALYSIS


Senate Research Center   H.B. 1441
78R10773 CAS-DBy: Eissler (Williams)
Education
5/9/2003
Engrossed


DIGEST AND PURPOSE

Texas Education Code Section 42.151(j) currently penalizes a school
district that maintains for two successive years a ratio that is 25
percent higher than the statewide average ratio of full-time equivalent
students placed in partially or totally self-contained classrooms to the
number of full-time equivalent students placed in resource room or
mainstream instructional arrangements. The law requires that the Texas
Education Agency determine the appropriateness of student placement and
authorizes the commissioner of education to reduce the special education
allotment the district receives to the level to which the student would be
entitled if the district's ratio was not more than 25 percent higher than
the statewide average ratio. 

This provision poses difficulties under The Individuals with Disabilities
Education Act (IDEA). IDEA requires that student placement be determined
according to that student's individual education needs, not a
pre-prescribed ratio put forth by the school district. 

H.B. 1441 amends the Education Code to require the Texas Education Agency
to make and disseminate, each year, to each school district, a list of
those districts that maintain for two successive years a ratio of
full-time equivalent students placed in partially or totally selfcontained
classrooms to the number of full-time equivalent students placed in
resource room or mainstream instructional arrangements that is 25 percent
higher than the statewide average ratio.  

The bill deletes provisions that authorize the commissioner to reduce the
special education allotment the district receives to the level to which
the district would be entitled if the district's ratio was not more than
25 percent higher than the statewide average ratio. 


RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to
a state officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 42.151(j), Education Code, to require the Texas
Education Agency, each year, to make and disseminate to each school
district a list of those districts that maintain for two successive years
a ratio of full-time equivalent students placed in partially or totally
self-contained classrooms to the number of full-time equivalent students
placed in resource room or mainstream instructional arrangements that is a
25 percent higher than the statewide average ratio.  Deletes provisions
that authorize the commissioner to reduce the special education allotment
the district receives to the level to which the district would be entitled
if the district's ratio was not more than 25 percent higher than the
statewide average ratio and deletes provision relating to placement
reviews. 

SECTION 2.  Effective date:  September 1, 2003.