BILL ANALYSIS

H.B. 272

By: Johnson, Julie

Judiciary & Civil Jurisprudence

Committee Report (Unamended)

BACKGROUND AND PURPOSE

The Texas Administrative Code requires each public school district to establish an admission, review, and dismissal (ARD) committee for each eligible student with disability. An ARD committee is a team of dedicated individuals working toward the same goal to ensure students with disabilities receive the best education possible. The term is derived from the individualized education program (IEP) used in federal law and regulations. Although both ARD and IEP describe the same program, the differing terms create unnecessary confusion. In addition to this, the term "ARD" does not do justice to the amount of teamwork that is needed to create successful individualized education plans. H.B. 272 seeks to address these issues by providing for the replacement of references to ARD committees with references to IEP teams in state law and administrative rules.

CRIMINAL JUSTICE IMPACT

It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.

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

H.B. 272 amends the Education Code to replace references to an "admission, review, and dismissal committee" with the preferred term "individualized education program team," as defined by the federal Individuals with Disabilities Education Act. The bill directs the legislature, the Texas Legislative Council, the commissioner of education, the Texas Education Agency, and all other state agencies, as applicable, to avoid the use of "admission, review, and dismissal committee" or "ARD committee" in any new or existing statute or resolution, new or existing rules, or state agency reference materials or publications and to replace those references with "individualized education program team" or "IEP team." The bill establishes that a statute, resolution, or rule is not invalid solely because it does not employ the preferred language.

H.B. 272 amends the Government Code to make a conforming change.

H.B. 272 repeals Section 29.301(1), Education Code.

EFFECTIVE DATE

September 1, 2023.