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AN ACT
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relating to representation of a person in a special education |
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impartial due process hearing. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter A, Chapter 29, Education Code, is |
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amended by adding Section 29.0162 to read as follows: |
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Sec. 29.0162. REPRESENTATION IN SPECIAL EDUCATION DUE |
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PROCESS HEARING. (a) A person in an impartial due process hearing |
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brought under 20 U.S.C. Section 1415 may be represented by: |
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(1) an attorney who is licensed in this state; or |
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(2) an individual who is not an attorney licensed in |
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this state but who has special knowledge or training with respect to |
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problems of children with disabilities and who satisfies |
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qualifications under Subsection (b). |
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(b) The commissioner by rule shall adopt additional |
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qualifications required of a representative for purposes of |
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Subsection (a)(2). The rules must: |
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(1) prohibit an individual from being a representative |
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under Subsection (a)(2) opposing a school district if: |
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(A) the individual has prior employment |
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experience with the district; and |
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(B) the district raises an objection to the |
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individual serving as a representative; and |
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(2) include requirements that the representative have |
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knowledge of: |
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(A) special education due process rules, |
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hearings, and procedure; and |
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(B) federal and state special education laws. |
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(c) A special education due process hearing officer shall |
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determine whether an individual satisfies qualifications under |
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Subsections (a)(2) and (b). |
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(d) The agency is not required to license or in any way other |
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than as provided by Subsection (b) regulate representatives |
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described by Subsection (a)(2) in a special education impartial due |
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process hearing. |
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SECTION 2. Section 29.0162, Education Code, as added by |
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this Act, applies only to representation at an impartial due |
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process hearing brought under 20 U.S.C. Section 1415 that begins on |
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or after the effective date of the Act. |
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SECTION 3. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2013. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I hereby certify that S.B. No. 709 passed the Senate on |
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April 16, 2013, by the following vote: Yeas 29, Nays 0; and that |
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the Senate concurred in House amendments on May 25, 2013, by the |
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following vote: Yeas 30, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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I hereby certify that S.B. No. 709 passed the House, with |
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amendments, on May 22, 2013, by the following vote: Yeas 145, |
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Nays 3, two present not voting. |
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______________________________ |
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Chief Clerk of the House |
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Approved: |
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______________________________ |
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Date |
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______________________________ |
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Governor |