|
|
A BILL TO BE ENTITLED
|
|
AN ACT
|
|
relating to representation of a person in a special education |
|
impartial due process hearing. |
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
SECTION 1. Subchapter A, Chapter 29, Education Code, is |
|
amended by adding Section 29.0162 to read as follows: |
|
Sec. 29.0162. REPRESENTATION IN SPECIAL EDUCATION DUE |
|
PROCESS HEARING. (a) A person in an impartial due process hearing |
|
brought under 20 U.S.C. Section 1415 may be represented by: |
|
(1) an attorney who is licensed in this state; or |
|
(2) an individual who is not an attorney licensed in |
|
this state but who has special knowledge or training with respect to |
|
problems of children with disabilities and who satisfies |
|
requirements under Subsection (b). |
|
(b) The commissioner by rule shall adopt additional |
|
qualifications required of a representative for purposes of |
|
Subsection (a)(2). The rules must include requirements that the |
|
representative have knowledge of: |
|
(1) special education due process rules, hearings, and |
|
procedure; and |
|
(2) federal and state special education laws. |
|
(c) A special education due process hearing officer shall |
|
determine whether an individual satisfies requirements under |
|
Subsections (a)(2) and (b). |
|
(d) The agency is not required to license or in any way other |
|
than as provided by Subsection (b) regulate representatives |
|
described by Subsection (a)(2) in a special education impartial due |
|
process hearing. |
|
SECTION 2. Section 29.0162, Education Code, as added by |
|
this Act, applies only to representation at an impartial due |
|
process hearing brought under 20 U.S.C. Section 1415 that begins on |
|
or after the effective date of this Act. |
|
SECTION 3. This Act takes effect immediately if it receives |
|
a vote of two-thirds of all the members elected to each house, as |
|
provided by Section 39, Article III, Texas Constitution. If this |
|
Act does not receive the vote necessary for immediate effect, this |
|
Act takes effect September 1, 2013. |