S.B. No. 709
AN ACT
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