By: Eissler H.B. No. 1225
A BILL TO BE ENTITLED
AN ACT
relating to time limits and notice related to a special education
due process hearing, the transfer of the functions of such a hearing
to the State Office of Administrative Hearings, and an appeal of a
special education hearing officer's decision.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter A, Chapter 29, Education Code, is
amended by adding Section 29.0165 to read as follows:
Sec. 29.0165. TRANSFER OF SPECIAL EDUCATION DUE PROCESS
HEARING FUNCTIONS TO STATE OFFICE OF ADMINISTRATIVE HEARINGS. (a)
Not later than December 1, 2003, the agency and the State Office of
Administrative Hearings shall jointly determine whether it would be
cost-effective for the agency to transfer all or part of the
agency's special education due process hearings functions under
Section 29.016 to the State Office of Administrative Hearings by
interagency contract.
(b) If, in accordance with Subsection (a), the agency and
the State Office of Administrative Hearings jointly determine that
it would be cost-effective for the agency to transfer all or part of
the agency's special education due process hearings functions under
Section 29.016 to the State Office of Administrative Hearings, the
agency and the State Office of Administrative Hearings shall enter
into an interagency contract to transfer the appropriate functions
accordingly.
(c) An interagency contract entered into under Subsection
(b) shall specify that the agency 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 the State Office of Administrative Hearings. An
interagency contract under this section may not transfer to the
State Office of Administrative Hearings the authority to issue an
order or decision authorizing the evaluation of a student.
SECTION 2. Subchapter A, Chapter 29, Education Code, is
amended by adding Section 29.018 to read as follows:
Sec. 29.018. TIME LIMITS AND NOTICE RELATED TO IMPARTIAL
DUE PROCESS HEARING REQUESTS AND APPEALS. (a) Except as otherwise
provided by this subsection, a person must 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. 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) A school district must provide a child's parent written
notice of the time limit for requesting a special education
impartial due process hearing under Subsection (a) if:
(1) the district and the parent do not agree on the
adequacy of the child's admission, review, and dismissal
committee's recommendations regarding identification, evaluation,
or educational placement of the child or the provision of a free
appropriate public education; or
(2) the district provides a parent notice under 34
C.F.R. Section 300.503, and its subsequent amendments.
(c) In addition to notice of the time limit, the notice
provided by a school district to a child's parent under Subsection
(b) must include:
(1) a sufficiently detailed report of the district's
final decision, including the date of the decision relating to the
identification, evaluation, or educational placement of the child
or the provision of a free appropriate public education to the
child; and
(2) a description of the applicable rights and
procedures relating to a request for a special education impartial
due process hearing under Subsection (a).
(d) A person must 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) Section 29.018, Education Code, as added by
this Act, applies only to a special education impartial due process
hearing or an appeal of a hearing officer's decision related to an
action that occurs on or after September 1, 2003.
(b) 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. This Act takes effect September 1, 2003.