HBA-TBM S.B. 1735 77(R)    BILL ANALYSIS


Office of House Bill AnalysisS.B. 1735
By: Cain
Public Education
4/30/2001
Engrossed


BACKGROUND AND PURPOSE 

In 1997, the federal Individuals with Disabilities Education Act (IDEA) was
amended by the 105th Congress.  The final regulations implementing IDEA
were published in 1999.  Due to these new regulations, state laws regarding
special education services no longer conform to federal statutes.  Senate
Bill 1735 conforms state laws regarding special education to federal
statutes.   

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that rulemaking
authority is expressly delegated to the commissioner of education in
SECTION 8 (Section 29.017, Education Code) of this bill.   

ANALYSIS

Senate Bill 1735 amends the Education and Family codes to update and
conform references to federal special education law.  

The bill authorizes disciplinary placement of a student with disabilities
for nonemergency reasons to occur only after a manifestation determination
review has been conducted by the student's admission, review, and dismissal
committee.  All disciplinary actions regarding a student with a disability
who receives special education services are required to be determined in
accordance with federal law and regulations.  The bill provides that a
teacher in a disciplinary alternative education program who has a special
education assignment must hold an appropriate certificate or permit for
that assignment.  The bill prohibits the placement of a student with a
disability who receives special education services in alternative
educations programs solely for educational purposes regardless of whether
the student also meets the criteria for alternative placement (Sec. 37.004,
Education Code).   

A special education hearing officer in an impartial due process hearing
brought under the federal Individuals with Disabilities Education Act is
authorized to issue an order or decision that authorizes one or more
evaluations of a student who is eligible for or who is suspected as being
eligible for special education services.  Such an order or decision
authorizes the evaluation of the student without parental consent as if it
were a court order for purposes of any state or federal law providing for
consent by order of a court (Sec. 29.016, Education Code).   

The bill provides for the transfer of rights accorded to parents to the
student at the age of maturity and requires the school district to notify
the student and the parents of the transfer of rights (Secs. 26.002 and
29.017, Education Code and Sec. 31.006, Family Code).  The bill requires
the commissioner of education to adopt rules for the establishment of
procedures for appointing the parent of a student with disabilities who has
reached the age of majority or another appropriate individual to represent
the educational interests of the student (Sec. 29.017, Education Code).   

EFFECTIVE DATE

On passage, or if the Act does not receive the necessary vote, the Act
takes effect September 1, 2001. The Act applies beginning with the
2001-2002 school year.