C.S.H.B. 1225 78(R)    BILL ANALYSIS


C.S.H.B. 1225
By: Eissler
Public Education
Committee Report (Substituted)



BACKGROUND 

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.  

    
PURPOSE

House Bill 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. 


ANALYSIS

House Bill 1225 amends the Education Code to provide that a person,
requesting a special education impartial due process hearing under the
federal education of children with disabilities provisions (20 U.S.C.
Section 1415), is required to make this request no later than the first
anniversary when the person knew or should have known about the alleged
action that is the basis for the request. The bill requires that such a
person initiate a civil action to appeal a decision of a hearing officer
in a special education impartial due process hearing no later than the
90th day after the date a written decision is issued. 

These provisions apply only in relation to a special education impartial
due process  hearing or appeal that occurs on or after September 1, 2003. 


EFFECTIVE DATE
    
September 1, 2003.