H.B. No. 1252
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. This Act may be cited as the Edgar Pacheco Jr.
Act.
SECTION 2. 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 3. Section 29.0164, Education Code, as added by
this Act, applies only to a complaint filed and an impartial due
process hearing requested on or after the effective date of this
Act. A complaint filed and an impartial due process hearing
requested before the effective date of this Act are governed by the
law in effect at the time the complaint was filed and the impartial
due process hearing was requested, and the former law is continued
in effect for that purpose.
SECTION 4. 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 5. This Act takes effect September 1, 2022.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 1252 was passed by the House on May
11, 2021, by the following vote: Yeas 95, Nays 47, 1 present, not
voting; and that the House concurred in Senate amendments to H.B.
No. 1252 on May 28, 2021, by the following vote: Yeas 113, Nays 29,
1 present, not voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 1252 was passed by the Senate, with
amendments, on May 26, 2021, by the following vote: Yeas 25, Nays
6.
______________________________
Secretary of the Senate
APPROVED: __________________
Date
__________________
Governor