| 1 | 1 | | 86R6167 SOS-D |
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| 2 | 2 | | By: Moody H.B. No. 1093 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the limitation period for filing a complaint and |
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| 8 | 8 | | requesting a special education impartial due process hearing. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Subchapter A, Chapter 29, Education Code, is |
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| 11 | 11 | | amended by adding Section 29.0164 to read as follows: |
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| 12 | 12 | | Sec. 29.0164. LIMITATION PERIOD FOR FILING COMPLAINT AND |
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| 13 | 13 | | REQUESTING SPECIAL EDUCATION DUE PROCESS HEARING. The commissioner |
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| 14 | 14 | | or agency may not adopt or enforce a rule that establishes a shorter |
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| 15 | 15 | | period for filing a due process complaint alleging a violation of |
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| 16 | 16 | | state or federal special education laws and requesting an impartial |
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| 17 | 17 | | due process hearing than the maximum timeline designated under 20 |
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| 18 | 18 | | U.S.C. Sections 1415(b)(6) and (f)(3). |
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| 19 | 19 | | SECTION 2. (a) The change in law made by Section 29.0164, |
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| 20 | 20 | | Education Code, as added by this Act, applies to: |
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| 21 | 21 | | (1) a complaint filed and an impartial due process |
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| 22 | 22 | | hearing requested on or after the effective date of this Act; and |
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| 23 | 23 | | (2) a complaint and an impartial due process hearing |
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| 24 | 24 | | request pending on the effective date of this Act. |
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| 25 | 25 | | (b) Subsection (a) of this section applies regardless of |
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| 26 | 26 | | whether the complaint or hearing request: |
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| 27 | 27 | | (1) would be barred by application of the limitation |
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| 28 | 28 | | period in effect immediately before the effective date of this Act |
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| 29 | 29 | | but would not be barred by application of the change in law made by |
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| 30 | 30 | | Section 29.0164, Education Code, as added by this Act; or |
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| 31 | 31 | | (2) was previously determined to be barred by |
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| 32 | 32 | | application of the limitation period in effect immediately before |
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| 33 | 33 | | the effective date of this Act but would not be barred by |
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| 34 | 34 | | application of the change in law made by Section 29.0164, Education |
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| 35 | 35 | | Code, as added by this Act. |
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| 36 | 36 | | SECTION 3. As soon as practicable after the effective date |
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| 37 | 37 | | of this Act, the commissioner of education shall amend rules as |
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| 38 | 38 | | necessary to comply with Section 29.0164, Education Code, as added |
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| 39 | 39 | | by this Act. |
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| 40 | 40 | | SECTION 4. This Act takes effect immediately if it receives |
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| 41 | 41 | | a vote of two-thirds of all the members elected to each house, as |
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| 42 | 42 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 43 | 43 | | Act does not receive the vote necessary for immediate effect, this |
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| 44 | 44 | | Act takes effect September 1, 2019. |
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