87R5249 MLH-D
 
  By: Moody, Thompson of Harris, H.B. No. 1252
      Thompson of Brazoria, et al.
 
 
 
A BILL TO BE ENTITLED
 
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.  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 2.  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 3.  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 4.  This Act takes effect September 1, 2022.