SRC-JEC H.B. 2823 78(R)   BILL ANALYSIS


Senate Research Center   H.B. 2823
By: Eissler (Shapiro)
Education
5/19/2003
Engrossed


DIGEST AND PURPOSE 

Current law requires the Texas Education Agency, the Texas Department of
Mental Health and Mental Retardation, and the Texas Rehabilitation
Commission to develop a memorandum of understanding establishing the
responsibilities of each agency for providing the services necessary to
transition students with disabilities outside the public school system.  

H.B. 2823 delegates the responsibility of ensuring compliance with federal
transition-related requirements to the commissioner of education.  The
bill sets out the transition issues that must be considered in the
transition portion of a student's individualized education program. 

RULEMAKING AUTHORITY

Rulemaking authority is expressly granted to the commissioner of education
in SECTION 1 (Section 29.011, Education Code) of this bill. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 29.011(a), Education Code, to delete the
designation for Subsection (a).  Requires the commissioner of education
(commissioner), rather than the Texas Education Agency, the Texas
Department of Mental Health and Mental Retardation, and the Texas
Rehabilitation Commission, by rule to adopt procedures for compliance with
federal requirements relating to transition services for students who are
enrolled in special education programs under this subchapter.  Deletes
text regarding a memorandum of understanding between agencies and a
successful transition to life outside the school system.  Requires the
procedures to specify the manner in which a student's admission, review,
and dismissal committee must consider, and if appropriate, address the
following issues in the student's individualized education program: 

(1)  appropriate student involvement in the student's transition to life
outside the public school system; 
(2)  if the student is younger than 18 years of age, appropriate parental
involvement in the student's transition; 
(3)  if the student is at least 18 years of age, appropriate parental
involvement in the student's transition, if the parent is invited to
participate by the student or the school district in which the student is
enrolled; 
(4)  any postsecondary education options;
(5)  a functional vocational evaluation;
(6)  employment goals and objectives;
(7)  if the student is at least 18 years of age, the availability of
age-appropriate instructional environments; 
(8)  independent living goals and objectives; and
(9)  appropriate circumstances for referring a student or the student's
parents to a governmental agency for services. 

SECTION 2.  Repealers:  Sections 29.011(b)-(e) (pertaining to transition
planning), Education Code. 
 
SECTION 3.  Provides that this Act applies beginning with the 2003-2004
school year. 

SECTION 4.  Effective date:  upon passage or September 1, 2003.