Texas Senate Bill SB1489

Texas 2009 - 81st Regular

• Out of Senate Committee: 4/27/09
• Voted on by Senate: 5/7/09
• Out of House Committee: 5/20/09

Caption

Relating to optional dispute resolution methods for school districts and parents of students seeking or receiving special education services.

Impact

The proposed legislation is expected to enhance the support system for parents navigating special education processes. By introducing mediation and individualized education program facilitation as structured options for conflict resolution, it seeks to promote a more collaborative environment between parents and school staff. Furthermore, it stipulates that these services should be provided at no cost to the parents, which could significantly lower barriers to accessing support for families already facing challenges with special education.

Summary

SB1489 establishes methods for optional dispute resolution that school districts in Texas must offer to parents of students receiving special education services. It aims to facilitate communication between schools and parents by providing several avenues for resolving disagreements regarding a child's identification for special education, evaluation, placement, or the provision of a free appropriate public education. The bill mandates that school districts provide detailed information about these dispute resolution methods to parents when necessary.

Contention

While SB1489 is broadly aimed at improving dispute resolution processes, some education stakeholders may express concern over the effectiveness of mediation when dealing with complex educational needs. Critics might argue that while additional options for dispute resolution are beneficial, they cannot replace the need for comprehensive and prompt services for students with disabilities. Moreover, there may be apprehensions regarding whether mediation could delay formal hearings under federal law, despite the bill clearly stating that parents maintain their right to a due process hearing regardless of mediation participation.