HBA-DMD C.S.H.B. 2357 76(R)BILL ANALYSIS Office of House Bill AnalysisC.S.H.B. 2357 By: Naishtat Human Services 4/5/1999 Committee Report (Substituted) BACKGROUND AND PURPOSE A recent Texas Education Agency (agency) decision upheld a school district's refusal to allow a guardian ad litem appointed by the court to represent the interest of a child with a disability in a special education case. Unlike federal law, state law does not currently provide standards or guidelines for training surrogate parents. Sometimes a surrogate parent appointed by the school district has not met the child or conferred with the child's DPRS caseworkers, foster parent, or courtappointed special advocate volunteers. C.S.H.B. 2357 requires the agency to establish requirements for persons to become a surrogate for the parents of a child with a disability. This bill also establishes conditions which authorize a foster parent and appointed court-certified volunteer advocate for a child with a disability to be assigned to act as a surrogate for the child's parents. This bill requires a school district to give preferential consideration to a foster parent of a child with a disability when assigning a surrogate parent for the child. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that rulemaking authority is expressly delegated to the Texas Education Agency in SECTION 1 (Section 29.001, Education Code) of this bill. SECTION BY SECTION ANALYSIS SECTION 1. Amends Section 29.001, Education Code, as follows: Sec. 29.001. Requires the Texas Education Agency (agency) to develop and implement a statewide plan with programmatic content that includes procedures designed to ensure that an individual assigned to act as a surrogate for the parents for a child with a disability, as provided by 20 U.S.C. Section 1415(b) and its subsequent amendments, is required to: (A) complete a training program that complies with minimum standards established by agency rule; (B) visit the child and the child's school; (C) consult with persons involved in the child's education, including teachers, caseworkers, court-appointed volunteers, guardians ad litem, attorneys ad litem, foster parents, and caretakers; (D) review the child's educational records; (E) attend meetings of the child's admission, review, and dismissal committee; (F) exercise independent judgment in pursuing the child's interests; and (G) exercise the child's due process rights under applicable state and federal law. SECTION 2. Amends Subchapter A, Chapter 29, Education Code, by adding Section 29.015, as follows: Sec. 29.015. FOSTER PARENTS. (a) Requires a school district to give preferential consideration to a foster parent of a child with a disability when assigning a surrogate parent for the child. (b) Specifies the conditions under which a foster parent is authorized to act as a parent of a child with a disability, as authorized under 20 U.S.C. Section 1415(b) and its subsequent amendments. (c) Authorizes a foster parent who is denied the right to act as a surrogate parent or as a parent under this section by a school district to file a complaint with the agency in accordance with federal law and regulations. SECTION 3. Amends Section 107.031, Family Code, by adding Subsection (e), as follows: (e) Sets forth conditions which authorize an appointed court-certified volunteer advocate for a child with a disability to be assigned to act as a surrogate parent for the child, as provided by 20 U.S.C. Section 1415(b) and its subsequent amendments. SECTION 4.Effective date: September 1, 1999. SECTION 5.Emergency clause. COMPARISON OF ORIGINAL TO SUBSTITUTE C.S.H.B. 2357 differs from the original bill in SECTION 1 (Section 29.001, Education Code) by adding the requirement that an individual assigned to act as a surrogate parent for a child with a disability attend meetings of the child's admission, review, and dismissal committee. Makes conforming changes. C.S.H.B. 2357 differs from the original bill in SECTION 2 (proposed Section 29.015, Education Code) by changing the name of the section from "Assignment of Foster Parent as Surrogate Parent" to "Foster Parents" and by requiring a school district to give preferential consideration to a foster parent of a child with a disability when assigning a surrogate parent for the child. The substitute also adds new Subsection (c), authorizing a foster parent who is denied the right to act as a surrogate parent or as a parent by a school district to file a complaint with the Department of Protective and Regulatory Services. C.S.H.B. 2357 differs from the original bill in SECTION 3 (Section 107.031, Family Code) by modifying the conditions which authorize an appointed court-certified volunteer advocate for a child with a disability to be assigned to act as a surrogate parent for the child.