HBA-NLM S.B. 1141 76(R) BILL ANALYSIS Office of House Bill AnalysisS.B. 1141 By: Zaffirini Human Services 4/19/1999 Engrossed BACKGROUND AND PURPOSE Currently, discrepancies exist on the issue of appointing foster parents or guardians ad litem as surrogate parents for students with disabilities, and it has been cited that persons appointed to be surrogates for parents of children with disabilities need certain training and knowledge to represent the best interests of the child. The purpose of this bill is to clarify procedures in assigning foster parents and guardians ad litem as surrogates and require the Texas Education Agency to establish minimum standards for training potential surrogate parents who will be required to meet specific qualifications. S.B. 1141 establishes procedures for assigning persons to act as surrogate parents for certain public education students with disabilities. 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, to require the Texas Education Agency (agency) to develop and implement a statewide plan to ensure that an individual assigned to act as a surrogate parent for children with disabilities is required to complete a training program that complies with standards established by agency rule, visit the child and the child's school, consult with persons involved in the child's education, review the child's educational records, attend meetings of the child's admission, review, and dismissal committee, exercise judgment in pursuing the child's interest, and exercise the child's due process rights. SECTION 2. Amends Subchapter A, Chapter 29, Education Code, by adding Section 29.015, as follows: Sec. 29.015. FOSTER PARENTS. 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. Authorizes a foster parent to act as a parent of a child with a disability if the Department of Protective and Regulatory Services (department) is appointed as the managing conservator of the child, the child has been placed with a foster parent for at least 60 days, the foster parent agrees to make educational decisions on the child's behalf and complete a training program that meets standards established by agency rule, and the foster parent has no interest that conflicts with those of the child. Authorizes a foster parent who is denied the right to act as a surrogate parent or a parent under this section by a school 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), to authorize a courtcertified volunteer advocate to be assigned to act as a surrogate parent for a child if the child is in the conservatorship of the department, the volunteer advocate is serving as guardian ad litem for the child, and a foster parent of the child not acting as the child's parent. SECTION 4. Effective date: September 1, 1999. SECTION 5. Emergency clause.