Texas 2025 - 89th Regular

Texas House Bill HB3170

Voted on by House
 
Out of Senate Committee
 
Voted on by Senate
 
Governor Action
 
Bill Becomes Law
 

Caption

Relating to transparency in special education legal proceedings involving a school district and a limit on legal fees that may be spent by a school district in special education legal proceedings.

Impact

The legislation is set to amend Section 44 of the Education Code, effectively altering how school districts manage legal proceedings related to special education. Under this bill, when a school district approaches 80% of the legal fee cap, the superintendent is mandated to inform the board of trustees of the financial situation. This reporting process introduces an accountability mechanism aimed at preventing overspending and encourages quicker resolutions to legal disputes.

Summary

House Bill 3170 introduces regulations aimed at increasing transparency in legal proceedings involving school districts and special education issues. The bill specifically imposes a limit of $10,000 on the legal fees that school districts can expend to defend against complaints alleging violations of federal or state special education laws. This cap is intended to encourage school districts to resolve disputes more efficiently and at lower costs, benefiting both the school districts and the families involved in these proceedings.

Contention

While proponents of HB 3170 argue that it promotes fiscal responsibility and transparency, critics may contend that the fee cap could restrict the ability of school districts to adequately defend themselves in complex legal cases. This limitation may lead to settlements that are not in the best interest of the educational needs of special education students, raising concerns about the fairness of applying a financial cap in situations where legal representation could be crucial. Additionally, the confidentiality aspect of the reports submitted to the board may raise questions about public access to information regarding how districts are managing their legal challenges.

Texas Constitutional Statutes Affected

Education Code

  • Chapter 44. Fiscal Management
    • Section: New Section

Companion Bills

TX SB111

Identical Relating to reporting by school districts regarding special education legal proceedings in which a certain amount of legal fees has been incurred by the district.

Previously Filed As

TX SB392

Relating to transparency in certain legal proceedings and contracts involving a school district and a limit on legal fees that may be spent by a school district in certain legal proceedings.

TX HB2510

Relating to transparency in certain contracts involving a school district.

TX SB1941

Relating to legal representation of certain hospital districts in civil proceedings.

TX SB448

Relating to a special education liaison program and the provision of certain special education services at public school districts.

TX HB3781

Relating to special education in public schools, including the special education allotment under the Foundation School Program, an education savings account program for certain children with disabilities, and a grant program to reimburse public schools for the cost of certain employer contributions for retirees of the Teacher Retirement System of Texas employed to teach special education.

TX HB5216

Relating to the behavioral management of a student enrolled in a special education program of a school district.

TX SB1474

Relating to special education in public schools, including the special education allotment under the Foundation School Program, an education savings account program for certain children with disabilities, and a grant program to reimburse public schools for the cost of certain employer contributions for retirees of the Teacher Retirement System of Texas employed to teach or provide services related to special education.

TX HB1

Relating to primary and secondary education, including the certification, compensation, and health coverage of certain public school employees, the public school finance system, special education in public schools, the establishment of an education savings account program, measures to support the education of public school students that include certain educational grant programs, reading instruction, and early childhood education, the provision of virtual education, and public school accountability.

TX HB1

Relating to primary and secondary education, including the certification, compensation, and health coverage of certain public school employees, the public school finance system, special education in public schools, the establishment of an education savings account program, measures to support the education of public school students that include certain educational grant programs, reading instruction, and early childhood education, the provision of virtual education, and public school accountability.

TX HB950

Relating to a student's eligibility for special education services provided by a school district, including services for dyslexia and related disorders.

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