C.S.H.B. 1441 78(R)    BILL ANALYSIS


C.S.H.B. 1441
By: Eissler
Public Education
Committee Report (Substituted)



BACKGROUND AND PURPOSE 

Texas Education Code Section 42.151 (j) presently 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 law is problematic for several reasons. The Individuals with
Disabilities Education Act (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. This results in
admission review and dismissal (ARD) committees examining formulas rather
than the child's individual needs when making placement decisions is
completely contrary to federal and state law intent.  In addition, this
requirement is a hardship on many districts where specialized facilities
are available and that serve as an attraction for parents to move into the
district in order to receive special education services. The oversight
from Texas Education Agency requires time away from students and excessive
paperwork requirements beyond those normally required under the IDEA.
Finally, this law was passed at a time when Texas Education Agency's
accounting methodology was different as reported to the federal
government. The change in accounting procedures has softened any
conclusion that Texas has students in self-contained classroom settings
disproportionate to other states. 


RULEMAKING AUTHORITY

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


ANALYSIS

C.S.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
self-contained 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. 


EFFECTIVE DATE

September 1, 2003.


 COMPARISON OF ORIGINAL TO SUBSTITUTE

C.S.H.B. 1441 modifies the original version by amending, rather than
repealing, Section 42.151(j), Education Code.