HBA-MPM C.S.H.B. 1275 76(R)BILL ANALYSIS


Office of House Bill AnalysisC.S.H.B. 1275
By: Luna, Vilma
Public Education
4/19/1999
Committee Report (Substituted)



BACKGROUND AND PURPOSE 

Federal law requires every student with disabilities who is eligible for
special education services to have an Individualized Education Plan (IEP),
which is developed by the student's parent or parents, teachers, principal,
a diagnostician, and relevant others, including administrators.  The IEP is
the primary agreement between the school and the parent or parents on what
special education and related services the school will provide to the
student and when and where those services will be provided.  It also
outlines what is expected of the student academically, how the student's
progress will be measured, and whether the student will take the TAAS test. 

Federal law requires that the letter notifying the parent or parents of a
meeting to develop, revise, or review the student's IEP be translated into
the parents' native language, however, there is no federal or state law
requiring the actual IEP to be translated.  C.S.H.B. 1275 requires the
school district to provide parents with a copy of the student's IEP in the
parents' native language via a written report or audiotaped translation. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 29.005, Education Code, by adding Subsection
(d), as follows: 

(d)  Requires a school district to provide a parent with a copy of a
child's individualized education program (IEP) translated into the parent's
native language, if the child's parent is unable to read English.
Authorizes the district to provide the parent with an audiotaped
translation of the IEP made during the course of the admission, review and
dismissal(ARD) meeting if the district provides documentation of a good
faith effort to provide the parent with a written translation of the
child's IEP and documentation that a written translation is not feasible. 

SECTION 2.  Emergency clause.
  Effective date: upon passage.

COMPARISON OF ORIGINAL TO SUBSTITUTE

C.S.H.B. differs from the original bill in SECTION 1, by modifying proposed
Section 29.005(d), Education Code, to authorize a school district to
provide a parent with an audiotaped translation of a child's individualized
education program (IEP) made during the course of an ARD meeting, if the
district provides documentation of a good faith effort to provide the
parent with a written translation of the IEP and documentation that a
written translation is not feasible.