BILL ANALYSIS

C.S.H.B. 3173

By: Allen

Public Education

Committee Report (Substituted)

BACKGROUND AND PURPOSE

Currently, the federal Individuals with Disabilities Act requires a disabled student to be educated in the least restrictive environment appropriate for the student, often the regular classroom, taught by a regular classroom teacher who may not have the training needed to work with a student with special needs.

C.S.H.B. 3173 addresses the needs of a teacher who instructs a student with a disability or special health needs in a regular classroom setting. The bill requires a school district to provide appropriate training and assistance to a regular classroom teacher who is assigned a student with a disability, on the request of the teacher or the student's admission, review, and dismissal committee. The bill requires that the teacher be provided a student's individualized education program before the student is placed in the teacher's classroom as well as the opportunity to request and participate in staffing intervention team meetings. The bill ensures that health services are performed by a qualified school nurse or other qualified and trained personnel and that a teacher receives training if required to perform tasks related to a student's hygiene needs.  The bill requires the Texas Education Agency, in coordination with the Health and Human Services Commission, to establish and maintain an Internet website to provide resources for teachers who teach students with special health needs.

RULEMAKING AUTHORITY

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

ANALYSIS

C.S.H.B. 3173 amends the Education Code to add to the statewide plan for delivery of services to public school students with disabilities programmatic content that includes procedures designed to ensure that a school district provides to a teacher who instructs a student with a disability in a regular classroom setting the following:

· on the request of the teacher or the student's admission, review, and dismissal (ARD) committee and as soon as practicable, training in providing appropriate educational services to a student with a disability, including training in scientifically based research, as defined by the federal No Child Left Behind Act, for best practices for meeting the academic and behavioral needs of a student with a disability assigned to the teacher's classroom;

·  on the request of the teacher or the student's ARD committee and as soon as practicable, assistance from appropriately trained personnel, as determined by the district, in meeting the academic and behavioral needs of a student with a disability assigned to the teacher's classroom;

· before the placement of a student with a disability in the teacher's classroom, relevant information in the student's individualized education program (IEP);

· the opportunity to request staffing and intervention team meetings and meetings of the student's ARD committee regarding a student with a disability assigned to the teacher's classroom; and

· the opportunity to participate in staffing and intervention team meetings and, as determined by the district, the relevant portion of meetings of the student's ARD committee regarding a student with a disability assigned to the teacher's classroom, including meetings of the ARD committee requested by the teacher.

C.S.H.B. 3173 adds to the statewide delivery plan programmatic content that includes procedures designed to ensure that a school district develops a process for responding to concerns by a teacher who instructs a student with a disability in a regular classroom setting regarding implementation of the student's individualized education program, and a procedure to notify the student's parent of the response; ensure that school health services for a student with a disability are performed by a qualified school nurse or, if a qualified school nurse is not available, by other qualified and trained personnel as determined by the school district; and ensure that, on the request of the teacher or the student's ARD committee, the teacher receives training or assistance from appropriately trained personnel, as determined by the school district, to perform necessary tasks that the teacher is required to perform related to the student's hygiene and care, including diapering needs. The bill prohibits the provisions concerning the delivery of school health services and the training or assistance to perform tasks related to a student's hygiene and care from resulting in a change of classroom placement for a student with a disability unless the change is made in accordance with applicable federal and state laws.

C.S.H.B. 3173 requires the Texas Education Agency (TEA), in coordination with the Health and Human Services Commission, to establish and maintain an Internet website to provide resources for teachers who teach students with special health needs. The bill requires TEA to include on the website information about the treatment and management of chronic illnesses and how such illnesses impact a student's well-being or ability to succeed in school. The bill makes its provisions applicable beginning with the 2009-2010 school year.

EFFECTIVE DATE

On passage, or, if the act does not receive the necessary vote, the act takes effect September 1, 2009.

COMPARISON OF ORIGINAL AND SUBSTITUTE

C.S.H.B. 3173 differs from the original by clarifying that researched-based best practices used in training for appropriate educational services to a student with a disability is scientifically based research, as defined by the federal No Child Left Behind Act.  The substitute differs from the original by reorganizing language to reflect certain drafting standards.