| 1 | 1 | | 86R12273 JES-F |
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| 2 | 2 | | By: Howard H.B. No. 4126 |
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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 a required training course for persons serving as |
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| 8 | 8 | | special education representatives and hearing officers at |
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| 9 | 9 | | impartial due process hearings. |
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| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 11 | 11 | | SECTION 1. Section 29.0162(b), Education Code, is amended |
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| 12 | 12 | | to read as follows: |
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| 13 | 13 | | (b) The commissioner by rule shall adopt additional |
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| 14 | 14 | | qualifications and requirements for a representative for purposes |
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| 15 | 15 | | of Subsection (a)(2). The rules must: |
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| 16 | 16 | | (1) prohibit an individual from being a representative |
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| 17 | 17 | | under Subsection (a)(2) opposing a school district if: |
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| 18 | 18 | | (A) the individual has prior employment |
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| 19 | 19 | | experience with the district; and |
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| 20 | 20 | | (B) the district raises an objection to the |
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| 21 | 21 | | individual serving as a representative; |
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| 22 | 22 | | (2) include requirements that the representative have |
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| 23 | 23 | | knowledge of: |
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| 24 | 24 | | (A) special education due process rules, |
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| 25 | 25 | | hearings, and procedure; and |
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| 26 | 26 | | (B) federal and state special education laws; |
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| 27 | 27 | | (3) require, if the representative receives monetary |
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| 28 | 28 | | compensation from a person for representation in an impartial due |
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| 29 | 29 | | process hearing, that the representative agree to abide by a |
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| 30 | 30 | | [voluntary] code of ethics and professional conduct during the |
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| 31 | 31 | | period of representation; [and] |
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| 32 | 32 | | (4) require, if the representative receives monetary |
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| 33 | 33 | | compensation from a person for representation in an impartial due |
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| 34 | 34 | | process hearing, that the representative enter into a written |
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| 35 | 35 | | agreement for representation with the person who is the subject of |
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| 36 | 36 | | the special education due process hearing that includes a process |
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| 37 | 37 | | for resolving any disputes between the representative and the |
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| 38 | 38 | | person; and |
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| 39 | 39 | | (5) require, if the representative is not a parent of |
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| 40 | 40 | | or person standing in parental relation to the student being |
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| 41 | 41 | | represented in an impartial due process hearing, that the |
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| 42 | 42 | | representative complete a special education law training course in |
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| 43 | 43 | | accordance with Section 29.0165 before the hearing. |
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| 44 | 44 | | SECTION 2. Subchapter A, Chapter 29, Education Code, is |
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| 45 | 45 | | amended by adding Section 29.0165 to read as follows: |
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| 46 | 46 | | Sec. 29.0165. SPECIAL EDUCATION LAW TRAINING COURSE FOR DUE |
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| 47 | 47 | | PROCESS HEARINGS. (a) The agency shall develop and offer a |
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| 48 | 48 | | training course on special education law for persons serving as |
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| 49 | 49 | | representatives for students or as hearing officers for impartial |
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| 50 | 50 | | due process hearings. The course must be approved by the |
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| 51 | 51 | | commissioner and require a participant to: |
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| 52 | 52 | | (1) complete at least 30 hours of instruction in |
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| 53 | 53 | | special education law; and |
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| 54 | 54 | | (2) pass an examination at the end of the course. |
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| 55 | 55 | | (b) The commissioner must approve any examination |
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| 56 | 56 | | administered under this section. |
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| 57 | 57 | | (c) A person may not serve as a representative for a student |
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| 58 | 58 | | or a hearing officer at an impartial due process hearing under this |
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| 59 | 59 | | chapter unless the person has completed the training required by |
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| 60 | 60 | | this section and satisfactorily passed the course examination. |
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| 61 | 61 | | SECTION 3. (a) This Act applies beginning with the |
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| 62 | 62 | | 2020-2021 school year. |
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| 63 | 63 | | (b) As soon as practicable after the effective date of this |
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| 64 | 64 | | Act: |
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| 65 | 65 | | (1) the commissioner of education shall adopt rules |
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| 66 | 66 | | necessary to implement the changes in law made by this Act; and |
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| 67 | 67 | | (2) the Texas Education Agency shall develop the |
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| 68 | 68 | | special education law training course required by Section 29.0165, |
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| 69 | 69 | | Education Code, as added by this Act. |
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| 70 | 70 | | SECTION 4. This Act takes effect immediately if it receives |
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| 71 | 71 | | a vote of two-thirds of all the members elected to each house, as |
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| 72 | 72 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 73 | 73 | | Act does not receive the vote necessary for immediate effect, this |
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| 74 | 74 | | Act takes effect September 1, 2019. |
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