78R10727 BDH-F


By:  Eissler                                                      H.B. No. 1225

Substitute the following for H.B. No. 1225:                                   

By:  Eissler                                                  C.S.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 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 29.018 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 2.  (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 3.  This Act takes effect September 1, 2003.