78R3519 BDH-D

By:  Eissler                                                      H.B. No. 1225



A BILL TO BE ENTITLED

AN ACT

relating to time limits for requesting a special education due 
process hearing and filing 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 FOR IMPARTIAL DUE PROCESS HEARING 
REQUESTS AND APPEALS. (a) A person must request a special education 
impartial due process hearing under 20 U.S.C. Section 1415 not 
later than the first anniversary of the date on which the person 
knew or should have known of the alleged action that is the basis 
for the request.
	(b)  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 not later than the 90th 
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.