Bill Text: TX SB709 | 2013-2014 | 83rd Legislature | Enrolled
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-Enrolled.html
| S.B. No. 709 | ||
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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: | ||
| (A) the individual has prior employment | ||
| experience with the district; and | ||
| (B) the district raises an objection to the | ||
| individual serving as a representative; 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. | ||
| ______________________________ | ______________________________ | |
| President of the Senate | Speaker of the House | |
| I hereby certify that S.B. No. 709 passed the Senate on | ||
| April 16, 2013, by the following vote: Yeas 29, Nays 0; and that | ||
| the Senate concurred in House amendments on May 25, 2013, by the | ||
| following vote: Yeas 30, Nays 0. | ||
| ______________________________ | ||
| Secretary of the Senate | ||
| I hereby certify that S.B. No. 709 passed the House, with | ||
| amendments, on May 22, 2013, by the following vote: Yeas 145, | ||
| Nays 3, two present not voting. | ||
| ______________________________ | ||
| Chief Clerk of the House | ||
| Approved: | ||
| ______________________________ | ||
| Date | ||
| ______________________________ | ||
| Governor | ||
