By: Taylor of Galveston S.B. No. 2141
(Howard)
A BILL TO BE ENTITLED
AN ACT
relating to requirements for a representative for a student in a
special education due process hearing.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 29.0162, Education Code, is amended by
amending Subsection (b) and adding Subsection (e) to read as
follows:
(b) The commissioner by rule shall adopt additional
qualifications and requirements for [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;
(3) require, if the representative receives monetary
compensation from a person for representation in an impartial due
process hearing, that the representative agree to abide by a
voluntary code of ethics and professional conduct during the period
of representation; and
(4) require, if the representative receives monetary
compensation from a person for representation in an impartial due
process hearing, that the representative enter into a written
agreement for representation with the person who is the subject of
the special education due process hearing that includes a process
for resolving any disputes between the representative and the
person.
(e) The written agreement for representation required under
Subsection (b)(4) is considered confidential and may not be
disclosed.
SECTION 2. This Act applies beginning with the 2017-2018
school year.
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, 2017.