Texas House Bill HB1093

Texas 2019 - 86th Regular

Caption

Relating to the limitation period for filing a complaint and requesting a special education impartial due process hearing.

Impact

The implications of HB1093 are substantial as it seeks to harmonize state laws with federal standards, guaranteeing that individuals have adequate time to file due process complaints. By aligning Texas law with federal regulations, the bill addresses potential concerns that local policies may inadvertently restrict access to fair hearings for students with special educational needs. It applies to all complaints filed or hearings requested after its effective date, as well as those pending at that time, underscoring its retroactive impact which could benefit those who had previously been barred by shorter periods in enforcing their rights.

Summary

House Bill 1093 proposes a significant revision to the Texas Education Code, specifically regarding the limitation period for filing a complaint and requesting an impartial due process hearing in special education cases. The bill aims to ensure that the commissioner or agency cannot enforce any regulations that would establish a shorter duration for filing complaints than what is provided under federal law. This is based on the maximum timeline designated under 20 U.S.C. Sections 1415(b)(6) and (f)(3), which governs special education complaints and hearings at the federal level.

Contention

Notable points of contention surrounding this bill may include discussions on the autonomy of the Texas education system to set its own rules versus adhering strictly to federal guidelines. Supporters will likely argue that protecting the rights of students to have sufficient time to initiate complaints against educational institutions is paramount and should not be compromised. Conversely, critics could raise concerns about the administrative burden that extended complaint periods might impose on educational resources and the timeliness of resolving disputes in the special education realm.