SRC-VRA H.B. 1225 78(R)   BILL ANALYSIS


Senate Research Center   H.B. 1225
By: Eissler (Williams)
Education
5/9/2003
Engrossed


DIGEST AND PURPOSE 

Under current law, there are no provisions regarding special education
claims and requirements relating to the time limit a claim may be filed
after an alleged violation. The Texas Education Agency (TEA) implemented
new regulations regarding special education claims, including requirements
that claims relating to special education be brought within one year of
the date the complaining party knew or should have known of the alleged
violation and that any appeals of decisions of special education hearing
officers be brought within 90 days of the decision. However, opponents
filed suit against TEA which resulted in a Travis County district court
order holding that the one-year statute of limitations is constitutional,
but the 90-day period to file an appeal is not. H.B. 1225 provides
statutory time limits for a parent or a public education agency to request
a special education due process hearing and to file a judicial appeal of a
special education hearing officer's decision. The purpose of the bill is
to provide a one-year statute of limitations for special education claims
in order to bring finality to conflicts or potential conflicts between
schools and parents. 


RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any
additional rulemaking authority to a state officer, department, agency or
institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Subchapter A, Chapter 29, Education Code, by adding
Section 29.0165, as follows: 
 
Sec. 29.0165.  TRANSFER OF SPECIAL EDUCATION DUE PROCESS HEARING FUNCTIONS
TO STATE OFFICE OF ADMINISTRATIVE HEARINGS. (a) Provides that not later
than December 1, 2003, the agency and the State Office of Administrative
Hearings (SOAH) must jointly determine whether it would be cost-effective
for TEA to transfer all or part of the agency's special education due
process hearings functions under Section 29.016 to SOAH by interagency
contract. 
 
(b)  Provides that if, in accordance with Subsection (a), TEA and SOAH
jointly determine that it would be cost-effective for TEA to transfer all
or part of the agency's special education due process hearings functions
under Section 29.016 to SOAH, TEA and SOAH must enter into an interagency
contract to transfer the appropriate functions accordingly. 
 
  (c)  Requires an interagency contract entered into under Subsection (b)
to specify that TEA retains the authority to issue an order or decision
authorizing an evaluation of a student's eligibility for special education
services based on a proposed decision of SOAH.  Prohibits an interagency
contract under this section from transferring to the SOAH the authority to
issue an order or decision authorizing the evaluation of a student. 
 
SECTION 2.  Amends Subchapter A, Chapter 29, Education Code, by adding
Section 29.018, as follows: 
 
 Sec. 29.018.  TIME LIMITS AND NOTICE RELATED TO IMPARTIAL DUE PROCESS
HEARING REQUESTS AND APPEALS.  (a)  Requires a person, except as otherwise
provided by this subsection, to request a special education impartial due
process hearing under 20 U.S.C. Section 1415, and its subsequent
amendments, not later than the first anniversary of the date on which the
person knew or should have known of the alleged failure or refusal to
provide to a child with a disability a free appropriate public education
in accordance with the Individuals with Disabilities Education Act (20
U.S.C. Section 1400 et seq.), and its subsequent amendments, including any
failure or refusal to identify, evaluate, or properly place the child.
Provides that this subsection does not prohibit a hearing involving an
alleged failure or refusal that initially occurred not more than two years
before the request for a hearing if the hearing officer determines that
the failure or refusal continued to occur during the year preceding the
request. 
 
(b)  Requires a school district to provide a child's parent written notice
of the time limit for requesting a special education impartial due process
hearing under Subsection (a) if certain conditions are met. 
 
(c)  Requires the notice provided by a school district to a child's parent
under Subsection (b) to include, in addition to notice of the time limit,
certain information. 
  
(d)  Requires a person to initiate a civil action to appeal a decision of
a hearing officer in a special education impartial due process hearing
under 20 U.S.C. Section 1415, and its subsequent amendments, not later
than the 180th day after the date on which the hearing officer issues a
written decision. 
 
SECTION 3.(a)  Makes application of Section 29.018, Education Code, as
added by this Act, prospective. 

(b)  Provides that a special education impartial due process hearing or an
appeal of a hearing officer's decision related to an action that occurs
before September 1, 2003, is governed by the law in effect when the action
occurred, and the former law is continued in effect for that purpose. 
 
SECTION 4.  Effective date:  September 1, 2003.