Bill Text: TX SB709 | 2013-2014 | 83rd Legislature | Comm Sub
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to representation of a person in a special education impartial due process hearing.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Passed) 2013-06-14 - Effective immediately [SB709 Detail]
Download: Texas-2013-SB709-Comm_Sub.html
Bill Title: Relating to representation of a person in a special education impartial due process hearing.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Passed) 2013-06-14 - Effective immediately [SB709 Detail]
Download: Texas-2013-SB709-Comm_Sub.html
83R25111 JSL-D | ||
By: Lucio | S.B. No. 709 | |
(Allen) | ||
Substitute the following for S.B. No. 709: No. |
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relating to representation of a person in a special education | ||
impartial due process hearing. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Subchapter A, Chapter 29, Education Code, is | ||
amended by adding Section 29.0162 to read as follows: | ||
Sec. 29.0162. REPRESENTATION IN SPECIAL EDUCATION DUE | ||
PROCESS HEARING. (a) A person in an impartial due process hearing | ||
brought under 20 U.S.C. Section 1415 may be represented by: | ||
(1) an attorney who is licensed in this state; or | ||
(2) an individual who is not an attorney licensed in | ||
this state but who has special knowledge or training with respect to | ||
problems of children with disabilities and who satisfies | ||
qualifications under Subsection (b). | ||
(b) The commissioner by rule shall adopt additional | ||
qualifications required of a representative for purposes of | ||
Subsection (a)(2). The rules must: | ||
(1) prohibit an individual from being a representative | ||
under Subsection (a)(2) opposing a school district if the | ||
individual has prior employment experience with the district; and | ||
(2) include requirements that the representative have | ||
knowledge of: | ||
(A) special education due process rules, | ||
hearings, and procedure; and | ||
(B) federal and state special education laws. | ||
(c) A special education due process hearing officer shall | ||
determine whether an individual satisfies qualifications under | ||
Subsections (a)(2) and (b). | ||
(d) The agency is not required to license or in any way other | ||
than as provided by Subsection (b) regulate representatives | ||
described by Subsection (a)(2) in a special education impartial due | ||
process hearing. | ||
SECTION 2. Section 29.0162, Education Code, as added by | ||
this Act, applies only to representation at an impartial due | ||
process hearing brought under 20 U.S.C. Section 1415 that begins on | ||
or after the effective date of the Act. | ||
SECTION 3. This Act takes effect immediately if it receives | ||
a vote of two-thirds of all the members elected to each house, as | ||
provided by Section 39, Article III, Texas Constitution. If this | ||
Act does not receive the vote necessary for immediate effect, this | ||
Act takes effect September 1, 2013. |