Texas 2017 - 85th Regular

Texas House Bill HB3632 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	H.B. No. 3632
	1	+	By: Moody (Senate Sponsor - Rodríguez) H.B. No. 3632
	2	+	(In the Senate - Received from the House May 10, 2017;
	3	+	May 10, 2017, read first time and referred to Committee on
	4	+	Education; May 22, 2017, reported favorably by the following vote:
	5	+	Yeas 7, Nays 2; May 22, 2017, sent to printer.)
	6	+	Click here to see the committee vote
2	7
3	8
	9	+	A BILL TO BE ENTITLED
4	10		AN ACT
5		-	relating to ~~notice of an~~ extension of the timeline for a parent to
6		-	~~request a~~ special education impartial due process hearing in
7		-	~~certain~~ circumstances.
	11	+	relating to extension of the timeline for a parent to request a
	12	+	special education impartial due process hearing in certain
	13	+	circumstances.
8	14		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	15		SECTION 1. Subchapter A, Chapter 29, Education Code, is
10	16		amended by adding Section 29.0163 to read as follows:
11		-	Sec. 29.0163. ~~PROTECTION OF THE RIGHTS OF MILITARY FAMILIES~~
12		-	~~WITH CHILDREN WITH DISABILITIES~~. (a) In this section,
	17	+	Sec. 29.0163. EXTENDED TIMELINE TO REQUEST SPECIAL
	18	+	EDUCATION DUE PROCESS HEARING. (a) In this section,
13	19		"servicemember" means a member of:
14	20		(1) the armed forces;
15	21		(2) the commissioned corps of the National Oceanic and
16	22		Atmospheric Administration; or
17		-	(3) the Commissioned Corps of the United States Public
18		-	Health Service.
19		-	(b) The agency must include in the notice of procedural
20		-	safeguards that the statute of limitations for the parent of a
21		-	student to request an impartial due process hearing under 20 U.S.C.
22		-	Section 1415(b) may be tolled if the parent is an active-duty
23		-	servicemember and 50 U.S.C. Section 3936 applies to the parent.
24		-	(c) The commissioner shall adopt rules to implement this
25		-	section.
26		-	SECTION 2. This Act takes effect immediately if it receives
27		-	a vote of two-thirds of all the members elected to each house, as
28		-	provided by Section 39, Article III, Texas Constitution. If this
29		-	Act does not receive the vote necessary for immediate effect, this
30		-	Act takes effect September 1, 2017.
31		-	______________________________ ______________________________
32		-	President of the Senate Speaker of the House
33		-	I certify that H.B. No. 3632 was passed by the House on May 9,
34		-	2017, by the following vote: Yeas 143, Nays 2, 2 present, not
35		-	voting; and that the House concurred in Senate amendments to H.B.
36		-	No. 3632 on May 25, 2017, by the following vote: Yeas 142, Nays 0,
37		-	2 present, not voting.
38		-	______________________________
39		-	Chief Clerk of the House
40		-	I certify that H.B. No. 3632 was passed by the Senate, with
41		-	amendments, on May 23, 2017, by the following vote: Yeas 28, Nays
42		-	3.
43		-	______________________________
44		-	Secretary of the Senate
45		-	APPROVED: __________________
46		-	Date
47		-	__________________
48		-	Governor
	23	+	(3) the commissioned corps of the Public Health
	24	+	Service.
	25	+	(b) The timeline for the parent of a student to request an
	26	+	impartial due process hearing under 20 U.S.C. Section 1415(b) does
	27	+	not apply if:
	28	+	(1) the parent is a servicemember and is entitled to a
	29	+	tolling of statutes of limitation under 50 U.S.C. Section 3936(a);
	30	+	or
	31	+	(2) the parent was prevented from requesting the
	32	+	hearing as provided under 20 U.S.C. Section 1415(f)(3)(D).
	33	+	SECTION 2. This Act takes effect September 1, 2017.
	34	+	* * * * *