| 1 | 1 | | 89R2427 JTZ-D |
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| 2 | 2 | | By: Cain H.B. No. 3170 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | |
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| 6 | 6 | | |
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| 7 | 7 | | A BILL TO BE ENTITLED |
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| 8 | 8 | | AN ACT |
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| 9 | 9 | | relating to transparency in special education legal proceedings |
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| 10 | 10 | | involving a school district and a limit on legal fees that may be |
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| 11 | 11 | | spent by a school district in special education legal proceedings. |
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| 12 | 12 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 13 | 13 | | SECTION 1. Subchapter Z, Chapter 44, Education Code, is |
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| 14 | 14 | | amended by adding Section 44.903 to read as follows: |
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| 15 | 15 | | Sec. 44.903. BOARD AUTHORIZATION TO SETTLE OR CONTEST |
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| 16 | 16 | | SPECIAL EDUCATION LAWSUITS; REPORTS TO AGENCY. (a) This section |
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| 17 | 17 | | applies only to a due process complaint against a school district |
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| 18 | 18 | | alleging a violation of federal or state special education laws. |
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| 19 | 19 | | (b) Except as otherwise provided by this section, a school |
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| 20 | 20 | | district may not spend more than $10,000 in legal fees to defend the |
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| 21 | 21 | | district in a legal proceeding to which this section applies. |
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| 22 | 22 | | (c) If a school district spends an amount in legal fees to |
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| 23 | 23 | | defend the district in a legal proceeding to which this section |
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| 24 | 24 | | applies that is at least 80 percent of the limit imposed by |
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| 25 | 25 | | Subsection (b) and intends to continue the proceeding, the district |
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| 26 | 26 | | superintendent shall submit to the board of trustees of the |
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| 27 | 27 | | district a report that: |
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| 28 | 28 | | (1) states that the current cost in legal fees in the |
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| 29 | 29 | | proceeding is approaching the limit imposed by Subsection (b); and |
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| 30 | 30 | | (2) includes: |
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| 31 | 31 | | (A) a summary of the facts, legal claims, |
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| 32 | 32 | | defenses, and relief sought in the proceeding; and |
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| 33 | 33 | | (B) an estimate of the total amount in legal fees |
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| 34 | 34 | | that will be required to defend the district in the proceeding. |
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| 35 | 35 | | (d) A report submitted under Subsection (c) is confidential |
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| 36 | 36 | | and not subject to disclosure under Chapter 552, Government Code. |
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| 37 | 37 | | (e) As soon as practicable after receipt of a report under |
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| 38 | 38 | | Subsection (c), the board of trustees of the school district shall: |
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| 39 | 39 | | (1) direct the district to settle the legal proceeding |
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| 40 | 40 | | before the total cost in legal fees exceeds the limit imposed by |
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| 41 | 41 | | Subsection (b); or |
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| 42 | 42 | | (2) authorize the district to spend an amount in legal |
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| 43 | 43 | | fees in excess of the limit imposed by Subsection (b) to defend the |
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| 44 | 44 | | district in the legal proceeding. |
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| 45 | 45 | | (f) Each month, a school district shall post on the |
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| 46 | 46 | | district's Internet website and submit to the agency a report |
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| 47 | 47 | | regarding each ongoing legal proceeding to which this section |
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| 48 | 48 | | applies for which the district's legal fees exceed the limit |
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| 49 | 49 | | imposed by Subsection (b), including: |
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| 50 | 50 | | (1) the general subject matter of the proceeding; and |
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| 51 | 51 | | (2) the total amount of legal fees incurred by the |
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| 52 | 52 | | district for the proceeding as of the date on which the report is |
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| 53 | 53 | | made. |
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| 54 | 54 | | (g) A report required under Subsection (f) may not include |
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| 55 | 55 | | personally identifiable student information and must comply with |
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| 56 | 56 | | the Family Educational Rights and Privacy Act of 1974 (20 U.S.C. |
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| 57 | 57 | | Section 1232g). |
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| 58 | 58 | | (h) Each month, the agency shall compile and post on the |
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| 59 | 59 | | agency's Internet website the information reported to the agency |
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| 60 | 60 | | under Subsection (f) for the preceding month. The information must |
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| 61 | 61 | | be both aggregated statewide and disaggregated by school district. |
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| 62 | 62 | | (i) The commissioner may adopt rules as necessary to |
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| 63 | 63 | | implement this section. |
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| 64 | 64 | | SECTION 2. Section 44.903, Education Code, as added by this |
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| 65 | 65 | | Act, applies only to a legal proceeding to which that section |
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| 66 | 66 | | applies that is filed on or after the effective date of this Act. |
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| 67 | 67 | | SECTION 3. This Act takes effect immediately if it receives |
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| 68 | 68 | | a vote of two-thirds of all the members elected to each house, as |
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| 69 | 69 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 70 | 70 | | Act does not receive the vote necessary for immediate effect, this |
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| 71 | 71 | | Act takes effect September 1, 2025. |
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