Texas 2019 - 86th Regular

Texas House Bill HB1093 Latest Draft

Bill / Introduced Version Filed 01/25/2019

                            86R6167 SOS-D
 By: Moody H.B. No. 1093


 A BILL TO BE ENTITLED
 AN ACT
 relating to the limitation period for filing a complaint and
 requesting 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 29.0164 to read as follows:
 Sec. 29.0164.  LIMITATION PERIOD FOR FILING COMPLAINT AND
 REQUESTING SPECIAL EDUCATION DUE PROCESS HEARING. The commissioner
 or agency may not adopt or enforce a rule that establishes a shorter
 period for filing a due process complaint alleging a violation of
 state or federal special education laws and requesting an impartial
 due process hearing than the maximum timeline designated under 20
 U.S.C. Sections 1415(b)(6) and (f)(3).
 SECTION 2.  (a) The change in law made by Section 29.0164,
 Education Code, as added by this Act, applies to:
 (1)  a complaint filed and an impartial due process
 hearing requested on or after the effective date of this Act; and
 (2)  a complaint and an impartial due process hearing
 request pending on the effective date of this Act.
 (b)  Subsection (a) of this section applies regardless of
 whether the complaint or hearing request:
 (1)  would be barred by application of the limitation
 period in effect immediately before the effective date of this Act
 but would not be barred by application of the change in law made by
 Section 29.0164, Education Code, as added by this Act; or
 (2)  was previously determined to be barred by
 application of the limitation period in effect immediately before
 the effective date of this Act but would not be barred by
 application of the change in law made by Section 29.0164, Education
 Code, as added by this Act.
 SECTION 3.  As soon as practicable after the effective date
 of this Act, the commissioner of education shall amend rules as
 necessary to comply with Section 29.0164, Education Code, as added
 by this Act.
 SECTION 4.  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, 2019.