| 1 | 1 | | 86R4132 SOS-D |
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| 2 | 2 | | By: Campbell S.B. No. 2263 |
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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 reporting of costs incurred by school districts in |
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| 8 | 8 | | litigation or resolution of special education cases. |
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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 29.024 to read as follows: |
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| 12 | 12 | | Sec. 29.024. LITIGATION COSTS. (a) A school district shall |
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| 13 | 13 | | provide information each year to the agency regarding the amount |
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| 14 | 14 | | expended by the district for legal representation in litigating |
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| 15 | 15 | | special education cases, including cases using alternative dispute |
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| 16 | 16 | | resolution procedures. |
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| 17 | 17 | | (b) The information reported must include: |
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| 18 | 18 | | (1) the total amount spent by the district on legal |
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| 19 | 19 | | fees for private attorneys retained to represent the district; |
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| 20 | 20 | | (2) the amount spent by the district on legal fees for |
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| 21 | 21 | | private attorneys retained to represent the district in cases using |
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| 22 | 22 | | alternative dispute resolution procedures, including |
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| 23 | 23 | | individualized education program facilitation under Section |
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| 24 | 24 | | 29.019; and |
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| 25 | 25 | | (3) the amount spent by the district, if any, to pay |
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| 26 | 26 | | the salary of one or more attorneys employed by the district solely |
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| 27 | 27 | | to provide legal services to the district in litigating special |
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| 28 | 28 | | education cases, including cases using alternative dispute |
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| 29 | 29 | | resolution procedures. |
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| 30 | 30 | | (c) For each category described by Subsection (b), a |
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| 31 | 31 | | district must also report the amount expended on a per-student |
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| 32 | 32 | | basis, which is the amount that results from dividing the total |
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| 33 | 33 | | amount by the number of students who received special education |
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| 34 | 34 | | services from the district during the applicable year. |
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| 35 | 35 | | (d) The commissioner may adopt rules necessary to implement |
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| 36 | 36 | | this section. |
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| 37 | 37 | | SECTION 2. This Act takes effect September 1, 2019. |
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