HBA-DMH, CCH H.B. 2565 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 2565
By: Dunnam
Public Education
4/8/2001
Introduced



BACKGROUND AND PURPOSE 

The goal of special education policy in this state is to ensure that an
individualized education program for each student with a disability is
properly developed, implemented, and maintained in the least restrictive
environment.  If a residential placement of a student with a disability
primarily for care or treatment reasons involves a private residential
facility in which the education program is provided by the school district,
the portion of the costs that includes appropriate education services as
determined by the school district's admission, review, and dismissal
committee are paid from state and federal education funds.  Under current
law, the funding weight for special instructional arrangements for students
with disabilities residing in care and treatment facilities, other than
state schools, whose parents or guardians do not reside in the district is
4.0 if those students receive their education services on a local school
district campus. House Bill 2565 requires the funding weight for students
with disabilities residing in treatment care  facilities to be 4.0 for
those students who receive instruction in the least restrictive
environment, regardless of location. 

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. 

ANALYSIS

House Bill 2565 amends the Education Code to require the funding weight to
be 4.0 for a special instructional school arrangement for students with
disabilities residing in care and treatment facilities whose parents or
guardians do not reside in the district providing education services and
who receive instruction in the least restrictive environment, regardless of
location. 

EFFECTIVE DATE

September 1, 2001.