Texas Senate Bill SB1490

Texas 2009 - 81st Regular

• Out of Senate Committee: 4/8/09
• Voted on by Senate: 4/17/09

Caption

Relating to requirements for the conduct of Texas Education Agency special education due process hearings.

Impact

The introduction of SB1490 aims to reinforce the structure around how special education hearings are conducted, promoting consistency and compliance with statutory obligations. This amendment to the Education Code is likely to impact not only the procedural mechanisms of TEA but also the rights of families and students seeking redress in the context of special education. By establishing a clear contractual framework, the bill seeks to minimize delays and clarify the roles of involved agencies in these complex hearings.

Summary

Senate Bill 1490 pertains to the procedural requirements related to special education due process hearings overseen by the Texas Education Agency (TEA). The bill mandates that the TEA must enter into a contractual agreement with the State Office of Administrative Hearings. This is intended to streamline the process under which TEA conducts these hearings, ensuring adherence to federal regulations specified in the Individuals with Disabilities Education Act (IDEA). This change reflects an ongoing effort to enhance the efficiency and reliability of administrative processes locally within the state educational framework.

Contention

While the bill may be seen as a positive advancement in educational policy, it also faces scrutiny regarding its potential implications for accessibility and the rights of students with disabilities. There are concerns that centralizing hearing administration might lead to bureaucratic hurdles that could disadvantage some families, particularly those less familiar with the administrative process. As with many legislative changes, advocates for special education must ensure that the reforms lead to better outcomes for students, avoiding any unintentional constraints on their rights or resources.