C.S.H.B. 2823 78(R)    BILL ANALYSIS


C.S.H.B. 2823
By: Eissler
Public Education
Committee Report (Substituted)



BACKGROUND 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.  

Currently, federal requirements state that the Individualized Education
Program (IEP) for each IDEA (Individuals with Disabilities Education Act)
eligible student must include a statement of needed appropriate transition
services beginning no later than age 16.  The law also requires that a
statement of transition service needs be included in the IEPs of the
students with disabilities beginning at age 14.   

The federal law permits a school district to simply incorporate transition
planning into the student's regular IEP.  The IEP must identify the other
agencies, both participating agencies and other public agencies, to be
involved in the student's transition from the school environment, although
federal law does not mandate a separate document or separate meeting be
held to set forth individual transition needs. A separate meeting often
causes confusion as to the relative responsibilities of the school
district to carry out its transition obligations and requires that
teachers attend additional meetings for every student resulting in the use
of additional resources of staff time as well as substitutes to cover
teacher's classrooms who are participating in the meetings. 


RULEMAKING AUTHORITY

It is the committee's opinion that rulemaking authority is expressly
granted to the commissioner of education in SECTION 1 (Section 29.011,
Education Code) of this bill. 


ANALYSIS

C.S.H.B. 2823 amends the Education Code to require the commissioner of
education to adopt procedures for compliance with requirements relating to
transition services for students who are enrolled in special education
programs. The bill deletes provisions relating to the Texas Education
Agency, the Texas Department of Mental Health and Mental Retardation, and
the Texas Rehabilitation Commission development of 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.   

The bill provides that the procedures must specify the manner in which a
student's admission, review, and dismissal committee should address in the
student's individualized education program any federal requirements,
including: 

_appropriate parent and student involvement, depending on the student's
age,  in the student's transition to life outside the public school
system; 
_any postsecondary education options;                              
_a functional vocational evaluation;                               
_employment goals and objectives;                                  
_if the student is at least 18 years of age, age-appropriate instructional
environments; 
 _independent living goals and objectives; and                      
_appropriate circumstances for referring a student or the student's
parents to a governmental agency for services. 
 
The bill repeals Sections 29.011(b)-(e), Education Code, relating to the
current provisions on transition planning.   

This Act applies beginning with the 2003-2004 school year.       


EFFECTIVE DATE

Upon passage, or, if the Act does not receive the necessary vote, the Act
takes effect September 1, 2003. 

COMPARISON OF ORIGINAL TO SUBSTITUTE

C.S.H.B. 2823 modifies the original version by requiring the commissioner
of education to adopt procedures for compliance with requirements relating
to transition services for students who are enrolled in special education
programs, rather than students at least 14 years of age and not older than
21 years of age. C.S.H.B. 2823 modifies the original version by adding
appropriate parental involvement in the student's transition depending on
whether the student is younger than 18, to the list of issues in the
student's individualized education plan that the committee address.