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A BILL TO BE ENTITLED
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AN ACT
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relating to the limitation period for filing a complaint and |
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requesting a special education 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 29.0164 to read as follows: |
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Sec. 29.0164. LIMITATION PERIOD FOR FILING COMPLAINT AND |
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REQUESTING SPECIAL EDUCATION DUE PROCESS HEARING. The commissioner |
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or agency may not adopt or enforce a rule that establishes a shorter |
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period for filing a due process complaint alleging a violation of |
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state or federal special education laws and requesting an impartial |
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due process hearing than the maximum timeline designated under 20 |
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U.S.C. Sections 1415(b)(6) and (f)(3). |
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SECTION 2. (a) The change in law made by Section 29.0164, |
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Education Code, as added by this Act, applies to: |
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(1) a complaint filed and an impartial due process |
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hearing requested on or after the effective date of this Act; and |
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(2) a complaint and an impartial due process hearing |
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request pending on the effective date of this Act. |
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(b) Subsection (a) of this section applies regardless of |
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whether the complaint or hearing request: |
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(1) would be barred by application of the limitation |
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period in effect immediately before the effective date of this Act |
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but would not be barred by application of the change in law made by |
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Section 29.0164, Education Code, as added by this Act; or |
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(2) was previously determined to be barred by |
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application of the limitation period in effect immediately before |
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the effective date of this Act but would not be barred by |
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application of the change in law made by Section 29.0164, Education |
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Code, as added by this Act. |
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SECTION 3. As soon as practicable after the effective date |
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of this Act, the commissioner of education shall amend rules as |
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necessary to comply with Section 29.0164, Education Code, as added |
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by this Act. |
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SECTION 4. 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, 2019. |