LEGISLATIVE BUDGET BOARD Austin, Texas FISCAL NOTE, 82ND LEGISLATIVE REGULAR SESSION April 4, 2011 TO: Honorable Rob Eissler, Chair, House Committee on Public Education FROM: John S O'Brien, Director, Legislative Budget Board IN RE:HB2843 by Madden (Relating to the provision of additional opportunities for instruction through the state virtual school network.), As Introduced The fiscal implications of the bill cannot be determined at this time. The bill would require certain students eligible for special education services and pregnant students receiving pregnancy-related services (such as homebound instruction) to enroll in courses through the Texas Virtual School Network (VSN). The provisions of the bill would violate federal requirements under the Individuals with Disabilities Education Act (IDEA), specifically provisions regulated under sections 300.17 and 300.320 through 300.324, Code of Federal Regulations related to the right to a free and appropriate public education and to the locus of responsibility for determining the educational needs of a student receiving special education students. The provisions of the bill would violate federal regulations prohibiting recipients of federal Title IX funds from discriminating against or excluding from any educational program or activity students on the basis of pregnancy and related conditions unless the student voluntarily agrees to participate in a separate program. Because major provisions of the bill conflict with federal law, adherence to requirements to enroll in VSN courses could not be compelled, and participation would be based on decisions by local Admissions, Review, and Dismissal (ARD) committees (in the case of students receiving special education services) and students receiving pregnancy-related services. The degree of participation cannot be determined. Local Government Impact The fiscal implications of the bill cannot be determined at this time. Source Agencies:701 Central Education Agency LBB Staff: JOB, LXH, JGM, JSc
LEGISLATIVE BUDGET BOARD
Austin, Texas
FISCAL NOTE, 82ND LEGISLATIVE REGULAR SESSION
April 4, 2011
TO: Honorable Rob Eissler, Chair, House Committee on Public Education FROM: John S O'Brien, Director, Legislative Budget Board IN RE:HB2843 by Madden (Relating to the provision of additional opportunities for instruction through the state virtual school network.), As Introduced
TO: Honorable Rob Eissler, Chair, House Committee on Public Education
FROM: John S O'Brien, Director, Legislative Budget Board
IN RE: HB2843 by Madden (Relating to the provision of additional opportunities for instruction through the state virtual school network.), As Introduced
Honorable Rob Eissler, Chair, House Committee on Public Education
Honorable Rob Eissler, Chair, House Committee on Public Education
John S O'Brien, Director, Legislative Budget Board
John S O'Brien, Director, Legislative Budget Board
HB2843 by Madden (Relating to the provision of additional opportunities for instruction through the state virtual school network.), As Introduced
HB2843 by Madden (Relating to the provision of additional opportunities for instruction through the state virtual school network.), As Introduced
The fiscal implications of the bill cannot be determined at this time.
The fiscal implications of the bill cannot be determined at this time.
The bill would require certain students eligible for special education services and pregnant students receiving pregnancy-related services (such as homebound instruction) to enroll in courses through the Texas Virtual School Network (VSN). The provisions of the bill would violate federal requirements under the Individuals with Disabilities Education Act (IDEA), specifically provisions regulated under sections 300.17 and 300.320 through 300.324, Code of Federal Regulations related to the right to a free and appropriate public education and to the locus of responsibility for determining the educational needs of a student receiving special education students. The provisions of the bill would violate federal regulations prohibiting recipients of federal Title IX funds from discriminating against or excluding from any educational program or activity students on the basis of pregnancy and related conditions unless the student voluntarily agrees to participate in a separate program. Because major provisions of the bill conflict with federal law, adherence to requirements to enroll in VSN courses could not be compelled, and participation would be based on decisions by local Admissions, Review, and Dismissal (ARD) committees (in the case of students receiving special education services) and students receiving pregnancy-related services. The degree of participation cannot be determined.
The bill would require certain students eligible for special education services and pregnant students receiving pregnancy-related services (such as homebound instruction) to enroll in courses through the Texas Virtual School Network (VSN).
The provisions of the bill would violate federal requirements under the Individuals with Disabilities Education Act (IDEA), specifically provisions regulated under sections 300.17 and 300.320 through 300.324, Code of Federal Regulations related to the right to a free and appropriate public education and to the locus of responsibility for determining the educational needs of a student receiving special education students.
The provisions of the bill would violate federal regulations prohibiting recipients of federal Title IX funds from discriminating against or excluding from any educational program or activity students on the basis of pregnancy and related conditions unless the student voluntarily agrees to participate in a separate program.
Because major provisions of the bill conflict with federal law, adherence to requirements to enroll in VSN courses could not be compelled, and participation would be based on decisions by local Admissions, Review, and Dismissal (ARD) committees (in the case of students receiving special education services) and students receiving pregnancy-related services. The degree of participation cannot be determined.
Local Government Impact
The fiscal implications of the bill cannot be determined at this time.
Source Agencies: 701 Central Education Agency
701 Central Education Agency
LBB Staff: JOB, LXH, JGM, JSc
JOB, LXH, JGM, JSc