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From: Maxwell,

Sent: Wednesday, March 05, 2003 1:02 PM

To: Kay Lambert

Subject: HB 1339

Education advocates will certainly be interested in HB 1339 by Eissler

relating to the date on which a school district must complete a report of an

evaluation of a student for special education services. Again I have pasted the

bill at the end of this e-mail. You can also view the bill at

<http://www.capitol.state.tx.us/tlo/78r/billtext/HB01339I.HTM>

This bill would loosen the deadline by which a full individual and initial

evaluation be completed by a school district. Currently the evaluation must be

done by the 60th calendar day following a referral for special education

services. This bill starts the clock at the point when the school receives a

written consent for the evaluation, signed by the student's parent or legal

guardian.

This change concerns education advocates because it would give districts

the authority to delay completion of an evaluation for special education

services by not giving forms to parents as soon as possible. For example,

should a district be having problems due to an overload of referrals to process,

they would be allowed to delay giving out the permission forms - rather than

contracting for extra help.

This bill puts an extra element in the referral process. Sixty days

equals about two months of school. For eligible students the delay may mean

ineffective instruction for two additional months - equal to about ¼ of a school

year.

Should you wish to offer comments regarding this bill, I am listing the

contact information for the House Public Education Committee and bill author.

As always, please feel free to contact me with your input or questions on

this or any other matter as we go through this legislative session.

Maxwell

Public Policy Specialist

Texas Council for Developmental Disabilities

1-

susan.maxwell@...

By: Eissler H.B. No.

1339

A BILL TO BE ENTITLED AN ACT

relating to the date on which a school district must complete a report of

an evaluation of a student for special education services.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 29.004, Education Code, is amended to read as follows:

Sec. 29.004. FULL INDIVIDUAL AND INITIAL EVALUATION.

(a) A written report of a full individual and initial evaluation of a

student for purposes of special education services shall be completed not later

than the 60th calendar day following the date on which the school district, in

accordance with 20 U.S.C. Section 1414(a), as amended, receives written consent

[referral] for the evaluation, signed by [was initiated by school personnel,]

the student's parent or legal guardian[, or another appropriate person].

(B) The evaluation shall be conducted using procedures that are

appropriate for the student's most proficient method of communication.

SECTION 2. Section 29.004, Education Code, as amended by this Act,

applies to the date on which a report of an evaluation of a student for special

education services must be completed only in the case of an evaluation performed

on or after the effective date of this Act.

SECTION 3. This Act takes effect September 1, 2003.

Bill author contact information:

Representative Rob Eissler

Capitol Phone:

Capitol Fax

District Office The Woodlands

District Phone

District Fax

Contact Information for all House Public Education Committee:

Representative Kent Grusendorf

Chair - House Public Education Committee

Capitol Phone

Capitol Fax

District Office Arlington, TX

District Phone

District Fax

Representative Rene Oliveira

Vice Chair - House Public Education Committee

Capitol Phone

Capitol Fax non listed

District Office Brownsville, TX

District Phone

District Fax 956- 542-1618

Representative Dan Branch

Capitol Phone:

Capitol Fax 512- 463-5896

District Office Dallas

District Phone

District Fax

Representative Glenda Dawson

Capitol Phone: 512- 463-0707

Capitol Fax 512- 463-1939

District Office Pearland

District Phone toll free

District Fax none listed

Representative Harold Dutton

Capitol Phone:

Capitol Fax 512- 463-5896

District Office Houston

District Phone

District Fax

Representative Rob Eissler

Capitol Phone:

Capitol Fax

District Office The Woodlands

District Phone

District Fax

Representative Bob E. Griggs

Capitol Phone:

Capitol Fax 512- 463-5896

District Office North Richland Hills

District Phone 817- 581-1000

District Fax non listed

Representative Hochberg

Capitol Phone: 512- 463-0492 -

Capitol Fax 512- 463- 5896

District Office Houston

District Phone

District Fax

Representative Jerry Madden

Capitol Phone: 512- 463-0544

Capitol Fax 512- 463-9974

District Office Plano

District Phone

District Fax

____________________________________________________

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