BILL ANALYSIS

C.S.H.B. 1335

By: Allen

Public Education

Committee Report (Substituted)

BACKGROUND AND PURPOSE

Currently, federal law requires a student with disabilities to be educated in the least restrictive environment appropriate for the student, which includes a regular classroom under the guidance of the regular classroom teacher. Interested parties contend that there is no process for a regular classroom teacher to request a review of a disabled student's individualized education program. C.S.H.B. 1335 seeks to address that issue by making statutory changes relating to certain resources available to a teacher of a public school student with a disability under the statewide plan for delivery of services to a public school student with disabilities.

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. 1335 amends the Education Code to include in the Texas Education Agency's statewide plan for delivery of services to public school students with disabilities procedures designed to ensure that each school district develops a process, to be used by a teacher who instructs a student with a disability in a regular classroom setting in requesting a review of the student's individualized special education program, that provides for a timely district response to the teacher's request and for notification to the student's parent or legal guardian of that response. The bill makes its provisions applicable beginning with the 2011-2012 school year.

EFFECTIVE DATE

On passage, or, if the bill does not receive the necessary vote, September 1, 2011.

COMPARISON OF ORIGINAL AND SUBSTITUTE

C.S.H.B. 1335 differs from the original by specifying that the process developed by each school district, as part of the procedures included by the bill in the Texas Education Agency's statewide plan for delivery of services to public school students with disabilities, is to provide for a timely district response to a teacher's request for a review of the student's individualized special education program, whereas the original specifies that the process is to provide for a prompt district response to the teacher's request.