86R4132 SOS-D
By: Campbell S.B. No. 2263
A BILL TO BE ENTITLED
AN ACT
relating to reporting of costs incurred by school districts in
litigation or resolution of special education cases.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter A, Chapter 29, Education Code, is
amended by adding Section 29.024 to read as follows:
Sec. 29.024. LITIGATION COSTS. (a) A school district shall
provide information each year to the agency regarding the amount
expended by the district for legal representation in litigating
special education cases, including cases using alternative dispute
resolution procedures.
(b) The information reported must include:
(1) the total amount spent by the district on legal
fees for private attorneys retained to represent the district;
(2) the amount spent by the district on legal fees for
private attorneys retained to represent the district in cases using
alternative dispute resolution procedures, including
individualized education program facilitation under Section
29.019; and
(3) the amount spent by the district, if any, to pay
the salary of one or more attorneys employed by the district solely
to provide legal services to the district in litigating special
education cases, including cases using alternative dispute
resolution procedures.
(c) For each category described by Subsection (b), a
district must also report the amount expended on a per-student
basis, which is the amount that results from dividing the total
amount by the number of students who received special education
services from the district during the applicable year.
(d) The commissioner may adopt rules necessary to implement
this section.
SECTION 2. This Act takes effect September 1, 2019.