Texas 2023 - 88th Regular

Texas House Bill HB2125 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	88R2599 DIO-F
2	2	By: Bucy H.B. No. 2125
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to a required training course for persons serving as
8	8	special education representatives and hearing officers at
9	9	impartial due process hearings or as facilitators for
10	10	individualized education program facilitation.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Section 29.0162(b), Education Code, is amended
13	13	to read as follows:
14	14	(b) The commissioner by rule shall adopt additional
15	15	qualifications and requirements for a representative for purposes
16	16	of Subsection (a)(2). The rules must:
17	17	(1) prohibit an individual from being a representative
18	18	under Subsection (a)(2) opposing a school district if:
19	19	(A) the individual has prior employment
20	20	experience with the district; and
21	21	(B) the district raises an objection to the
22	22	individual serving as a representative;
23	23	(2) include requirements that the representative have
24	24	knowledge of:
25	25	(A) special education due process rules,
26	26	hearings, and procedure; and
27	27	(B) federal and state special education laws;
28	28	(3) require, if the representative receives monetary
29	29	compensation from a person for representation in an impartial due
30	30	process hearing, that the representative agree to abide by a
31	31	[voluntary] code of ethics and professional conduct during the
32	32	period of representation; [and]
33	33	(4) require, if the representative receives monetary
34	34	compensation from a person for representation in an impartial due
35	35	process hearing, that the representative enter into a written
36	36	agreement for representation with the person who is the subject of
37	37	the special education due process hearing that includes a process
38	38	for resolving any disputes between the representative and the
39	39	person; and
40	40	(5) require, if the representative is not a parent of
41	41	or person standing in parental relation to the student being
42	42	represented in an impartial due process hearing, that the
43	43	representative complete a special education law training course in
44	44	accordance with Section 29.0165 before the hearing.
45	45	SECTION 2. Subchapter A, Chapter 29, Education Code, is
46	46	amended by adding Section 29.0165 to read as follows:
47	47	Sec. 29.0165. SPECIAL EDUCATION LAW TRAINING COURSE FOR DUE
48	48	PROCESS HEARINGS AND INDIVIDUALIZED EDUCATION PROGRAM
49	49	FACILITATION. (a) In this section, "council" means the Texas
50	50	Council for Developmental Disabilities.
51	51	(b) The agency shall contract with the council to have the
52	52	council develop and offer a training course on special education
53	53	law for persons serving as representatives for students or as
54	54	hearing officers for impartial due process hearings or as
55	55	facilitators for individualized education program facilitation.
56	56	The course must be approved by the executive director of the council
57	57	and require a participant to:
58	58	(1) complete at least 30 hours of instruction in
59	59	special education law; and
60	60	(2) pass an examination adopted by the council.
61	61	(c) The executive director of the council must approve any
62	62	examination administered under this section.
63	63	(d) Except as provided by Subsection (e), a person may not
64	64	serve as a representative for a student or as a hearing officer at
65	65	an impartial due process hearing or as a facilitator for
66	66	individualized education program facilitation under this chapter
67	67	unless the person has completed the training required by this
68	68	section and satisfactorily passed the course examination.
69	69	(e) A person may serve as a facilitator for a school
70	70	district's individualized education program facilitation under
71	71	Section 29.019 without completing the training required by
72	72	Subsection (b)(1) if:
73	73	(1) the person:
74	74	(A) is certified in special education; or
75	75	(B) has served as a facilitator for at least five
76	76	years; and
77	77	(2) the person satisfactorily passes the examination
78	78	administered under Subsection (b)(2).
79	79	(f) The agency may use any federal funds received under Part
80	80	B, Individuals with Disabilities Education Act (IDEA)(20 U.S.C.
81	81	Section 1411 et seq.), to administer this section.
82	82	SECTION 3. (a) This Act applies beginning with the
83	83	2023-2024 school year.
84	84	(b) As soon as practicable after the effective date of this
85	85	Act:
86	86	(1) the commissioner of education or the Texas Council
87	87	for Developmental Disabilities, as appropriate, shall adopt rules
88	88	necessary to implement the changes in law made by this Act; and
89	89	(2) the Texas Council for Developmental Disabilities
90	90	shall develop the special education law training course required by
91	91	Section 29.0165, Education Code, as added by this Act.
92	92	SECTION 4. This Act takes effect immediately if it receives
93	93	a vote of two-thirds of all the members elected to each house, as
94	94	provided by Section 39, Article III, Texas Constitution. If this
95	95	Act does not receive the vote necessary for immediate effect, this
96	96	Act takes effect September 1, 2023.