| 1 | 1 | | By: Rodriguez of Bexar, Collier H.B. No. 2952 |
|---|
| 2 | 2 | | (Senate Sponsor - Watson) |
|---|
| 3 | 3 | | (In the Senate - Received from the House May 10, 2013; |
|---|
| 4 | 4 | | May 10, 2013, read first time and referred to Committee on |
|---|
| 5 | 5 | | Administration; May 15, 2013, reported favorably by the following |
|---|
| 6 | 6 | | vote: Yeas 4, Nays 0; May 15, 2013, sent to printer.) |
|---|
| 7 | 7 | | |
|---|
| 8 | 8 | | |
|---|
| 9 | 9 | | A BILL TO BE ENTITLED |
|---|
| 10 | 10 | | AN ACT |
|---|
| 11 | 11 | | relating to the period of time allowed for issuance of decisions by |
|---|
| 12 | 12 | | the commissioner of education in certain appeals against school |
|---|
| 13 | 13 | | districts. |
|---|
| 14 | 14 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|---|
| 15 | 15 | | SECTION 1. Section 7.057(c), Education Code, is amended to |
|---|
| 16 | 16 | | read as follows: |
|---|
| 17 | 17 | | (c) In an appeal against a school district, the commissioner |
|---|
| 18 | 18 | | shall, not later than the 240th day after the date the appeal is |
|---|
| 19 | 19 | | filed, issue a decision based on a review of the record developed at |
|---|
| 20 | 20 | | the district level under a substantial evidence standard of review. |
|---|
| 21 | 21 | | The parties to the appeal may agree in writing to extend, by not |
|---|
| 22 | 22 | | more than 60 days, the date by which the commissioner must issue a |
|---|
| 23 | 23 | | decision under this subsection. A school district's disclosure of |
|---|
| 24 | 24 | | the record to the commissioner under this subsection is not an |
|---|
| 25 | 25 | | offense under Section 551.146, Government Code. |
|---|
| 26 | 26 | | SECTION 2. The change in law made by this Act applies only |
|---|
| 27 | 27 | | to an appeal filed on or after the effective date of this Act. An |
|---|
| 28 | 28 | | appeal filed before the effective date of this Act is governed by |
|---|
| 29 | 29 | | the law in effect at the time the appeal was filed, and the former |
|---|
| 30 | 30 | | law is continued in effect for that purpose. |
|---|
| 31 | 31 | | SECTION 3. This Act takes effect immediately if it receives |
|---|
| 32 | 32 | | a vote of two-thirds of all the members elected to each house, as |
|---|
| 33 | 33 | | provided by Section 39, Article III, Texas Constitution. If this |
|---|
| 34 | 34 | | Act does not receive the vote necessary for immediate effect, this |
|---|
| 35 | 35 | | Act takes effect September 1, 2013. |
|---|
| 36 | 36 | | * * * * * |
|---|