Texas 2025 - 89th Regular

Texas House Bill HB1813 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	89R5187 GP-F
2	2	By: Bucy H.B. No. 1813
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7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to a parental right to information concerning a public
10	10	school special education program and certain requirements for
11	11	persons serving as special education representatives and hearing
12	12	officers at impartial due process hearings.
13	13	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
14	14	SECTION 1. Section 26.0081, Education Code, is amended by
15	15	amending Subsection (a) and adding Subsection (a-1) to read as
16	16	follows:
17	17	(a) The agency shall produce and provide to school districts
18	18	sufficient copies of a comprehensive, easily understood document
19	19	that explains the process by which an individualized education
20	20	program is developed for a student in a special education program
21	21	and the rights and responsibilities of a parent concerning the
22	22	process. The document must include information:
23	23	(1) necessary for a parent [needs] to effectively
24	24	participate in an admission, review, and dismissal committee
25	25	meeting for the parent's child;
26	26	(2) regarding the right to representation by an
27	27	attorney or other representative in a special education due process
28	28	hearing under Section 29.0162;
29	29	(3) regarding how to access the Internet website
30	30	listing individuals eligible to serve as a representative under
31	31	Section 29.0165(g); and
32	32	(4) regarding how to file a consumer complaint related
33	33	to the service provided by an individual who is eligible to serve as
34	34	a non-attorney representative under Section 29.0162(a)(2) or
35	35	29.0165 and accepts payment for services from a parent.
36	36	(a-1) The agency shall include the information described by
37	37	Subsections (a)(2) through (4) in the notice of procedural
38	38	safeguards provided to a parent or legal guardian under 20 U.S.C.
39	39	Section 1415(b).
40	40	SECTION 2. Sections 29.0162(b) and (d), Education Code, are
41	41	amended to read as follows:
42	42	(b) The commissioner by rule shall adopt additional
43	43	qualifications and requirements for a representative for purposes
44	44	of Subsection (a)(2). The rules must:
45	45	(1) prohibit an individual from being a representative
46	46	under Subsection (a)(2) opposing a school district:
47	47	(A) if the individual has been determined to have
48	48	engaged in a false, misleading, or deceptive act or practice
49	49	actionable under Subchapter E, Chapter 17, Business & Commerce
50	50	Code; or
51	51	(B) if:
52	52	(i) [(A)] the individual has prior
53	53	employment experience with the district; and
54	54	(ii) [(B)] the district raises an objection
55	55	to the individual serving as a representative;
56	56	(2) include requirements that the representative have
57	57	knowledge of:
58	58	(A) special education due process rules,
59	59	hearings, and procedure; and
60	60	(B) federal and state special education laws;
61	61	(3) require, if the representative receives monetary
62	62	compensation from a person for representation in an impartial due
63	63	process hearing, that the representative agree to abide by a
64	64	[voluntary] code of ethics and professional conduct during the
65	65	period of representation; [and]
66	66	(4) require, if the representative receives monetary
67	67	compensation from a person for representation in an impartial due
68	68	process hearing, that the representative enter into a written
69	69	agreement for representation with the person who is the subject of
70	70	the special education due process hearing that includes a process
71	71	for resolving any disputes between the representative and the
72	72	person; and
73	73	(5) require, if the representative is not a parent of
74	74	or person with a familial relationship with the student being
75	75	represented in an impartial due process hearing, that the
76	76	representative complete a special education law training course in
77	77	accordance with Section 29.0165 before the hearing.
78	78	(d) The agency is not required to license or in any way other
79	79	than as provided by Subsection (b) or Section 29.0165 regulate
80	80	representatives described by Subsection (a)(2) in a special
81	81	education impartial due process hearing.
82	82	SECTION 3. Subchapter A, Chapter 29, Education Code, is
83	83	amended by adding Section 29.0165 to read as follows:
84	84	Sec. 29.0165. SPECIAL EDUCATION LAW TRAINING COURSE. (a)
85	85	The agency shall collaborate with regional education service
86	86	centers to develop and offer a training course on special education
87	87	law for persons serving as non-attorney representatives for
88	88	students or as hearing officers for impartial due process hearings.
89	89	The course:
90	90	(1) must include information on:
91	91	(A) state and federal laws, rules, and
92	92	regulations related to special education;
93	93	(B) state and federal rules and procedures that
94	94	apply to due process hearings, including 34 C.F.R. Sections 300.507
95	95	through 300.515 and 300.532;
96	96	(C) the Family Educational Rights and Privacy Act
97	97	of 1974 (20 U.S.C. Section 1232g); and
98	98	(D) accepted standards for ethics; and
99	99	(2) may include a final exam, as approved by the
100	100	agency.
101	101	(b) As soon as practicable after the conclusion of each
102	102	legislative session, the agency shall collaborate with regional
103	103	education service centers to develop and offer a biennial update
104	104	training course to persons who have completed the training under
105	105	Subsection (a).
106	106	(c) The agency shall offer to individuals who have
107	107	demonstrated a financial need options to take the training courses
108	108	described by Subsections (a) and (b) for free or at a discounted
109	109	price.
110	110	(d) A person may accept payment from a student's parent to
111	111	serve as a non-attorney representative for a student in an
112	112	impartial due process hearing brought under 20 U.S.C. Section 1415
113	113	only if the person has:
114	114	(1) completed the training described by Subsection (a)
115	115	or another training course developed or adopted by the agency;
116	116	(2) if applicable, completed the most recent biennial
117	117	update training described by Subsection (b) or another update
118	118	training course developed or adopted by the agency not later than
119	119	one year after the update training is offered;
120	120	(3) not engaged in a false, misleading, or deceptive
121	121	act or practice actionable under Subchapter E, Chapter 17, Business &
122	122	Commerce Code; and
123	123	(4) presented proof of the person's eligibility to
124	124	serve as a non-attorney representative under this subsection to the
125	125	student's parent.
126	126	(e) A school district employee may request a non-attorney
127	127	representative to attest to the employee's eligibility to serve as
128	128	a non-attorney representative under Subsection (d).
129	129	(f) The agency may use any federal funds received under Part
130	130	B, Individuals with Disabilities Education Act (IDEA) (20 U.S.C.
131	131	Section 1411 et seq.), to administer this section.
132	132	(g) The agency shall post on the agency's Internet website a
133	133	list of:
134	134	(1) individuals who:
135	135	(A) are eligible to serve as a representative
136	136	under Section 29.0162(a)(2) or Subsection (d) of this section; and
137	137	(B) request to be included on the list; and
138	138	(2) training courses developed or adopted for purposes
139	139	of Subsection (d).
140	140	(h) Each school district shall post on the school district's
141	141	Internet website the list of training courses described by
142	142	Subsection (g)(2).
143	143	SECTION 4. (a) As soon as practicable after the effective
144	144	date of this Act:
145	145	(1) the commissioner of education, in collaboration
146	146	with regional education service centers, as appropriate, shall
147	147	adopt rules necessary to implement the changes in law made by this
148	148	Act; and
149	149	(2) the Texas Education Agency, in collaboration with
150	150	regional education service centers, shall develop the special
151	151	education law training course required by Section 29.0165,
152	152	Education Code, as added by this Act.
153	153	(b) The commissioner of education shall adopt rules to
154	154	implement the training requirements under Section 29.0162(b)(5),
155	155	Education Code, and Section 29.0165, Education Code, as added by
156	156	this Act, not later than one year after the agency has developed the
157	157	special education law training course as required by Subsection
158	158	(a)(2) of this section.
159	159	SECTION 5. This Act takes effect immediately if it receives
160	160	a vote of two-thirds of all the members elected to each house, as
161	161	provided by Section 39, Article III, Texas Constitution. If this
162	162	Act does not receive the vote necessary for immediate effect, this
163	163	Act takes effect September 1, 2025.