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By: Lucio |
S.B. No. 709 |
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(In the Senate - Filed February 21, 2013; February 25, 2013, |
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read first time and referred to Committee on Education; |
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April 11, 2013, reported adversely, with favorable Committee |
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Substitute by the following vote: Yeas 8, Nays 0; April 11, 2013, |
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sent to printer.) |
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COMMITTEE SUBSTITUTE FOR S.B. No. 709 |
By: Lucio |
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A BILL TO BE ENTITLED
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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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requirements 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 include requirements that the |
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representative have knowledge of: |
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(1) special education due process rules, hearings, and |
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procedure; and |
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(2) 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 requirements 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 this 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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* * * * * |