BILL ANALYSIS
Senate Research Center S.B. 1490
By: Watson
AUTHOR'S / SPONSOR'S STATEMENT OF INTENT
The Individuals with Disabilities Education Act (IDEA) is a federal law that ensures that students with disabilities receive appropriate public education in the least restrictive environment. An important component of this law is that it promotes parent participation in a child's education. Section 26.0081 (Right to Information Concerning Special Education and Education of Students with Learning Difficulties), Education Code, requires the Texas Education Agency (TEA) to produce and provide to school districts sufficient copies of a comprehensive, easily understood document that explains the process by which an individualized education program (IEP) is developed for a student in a special education program and the rights and responsibilities of a parent in the process. To implement this requirement, A Guide to the Admission, Review, and Dismissal Process (ARD Process Guide) was produced, which contains information parents need to effectively participate in an admission, review, and dismissal committee meeting for their child. The ARD Process Guide was produced with the guidance of a group of parents, educators, other professional service providers, advocates, and information compiled from a statewide public meeting.
According to Advocacy, Inc., the ARD Process Guide has not been updated since 2002, although major changes were made to the federal law during 2004. It has been reported that TEA's reason for not updating the ARD Process Guide is that the law does not require it to do so.
As proposed, S.B. 1490 requires TEA to update the ARD Process Guide within a reasonable timeframe when the law changes.
RULEMAKING AUTHORITY
This bill does not expressly grant any additional rulemaking authority to any state officer, institution, or agency.
SECTION BY SECTION ANALYSIS
SECTION 1. Amends Section 26.0081, Education Code, by amending Subsection (a) and adding Subsections (a-1) and (d), as follows:
(a) Requires the Texas Education Agency (TEA) to routinely update the document [which explains the process by which an individualized education program is developed for a student and the parent's rights and responsibilities in the process] (document) so that the document includes current state and federal law. Requires TEA to provide the updated version to school districts. Requires a school district to provide a copy of the document to the parent of a student enrolled in a special education program, on receipt of an updated document. Requires TEA to update the document not later than certain dates.
(a-1) Requires TEA to adopt a new document under Subsection (a) and distribute the document to school districts. Requires a school district to distribute written notice of the availability of the updated document to the parent of a child enrolled in a special education program and to provide a copy of the document upon request. Requires TEA to adopt the new document not later than September 1, 2007, and distribute the document to the parent of a child enrolled in a special education program not later than October 1, 2007, if the Act takes effect immediately. Requires TEA to adopt the new document not later than December 1, 2007, and distribute the document to the parent of a child enrolled in a special education program not later than January 1, 2008, if the Act takes effect on September 1, 2007. Provides that this subsection expires January 1, 2008.
(d) Requires a school district each school year to provide written notice to the parent of a student with an individualized education program at a student's annual admission review and dismissal meeting that a current copy of the document required by this section (Right to Information Concerning Special Education and Education of Students with Learning Difficulties) is available to the parent on the request of the parent. Requires this notice to also be included in the school district's student handbook. Requires a school district to post the document required by this section on the district's Internet website if the district maintains an Internet website.
SECTION 2. Effective date: upon passage or September 1, 2007.