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A BILL TO BE ENTITLED
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AN ACT
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relating to reporting of costs incurred by school districts in |
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litigation or resolution of special education cases. |
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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 29.024 to read as follows: |
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Sec. 29.024. LITIGATION COSTS. (a) A school district shall |
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provide information each year to the agency regarding the amount |
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expended by the district for legal representation in litigating |
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special education cases, including cases using alternative dispute |
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resolution procedures. |
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(b) The information reported must include: |
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(1) the total amount spent by the district on legal |
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fees for private attorneys retained to represent the district; |
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(2) the amount spent by the district on legal fees for |
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private attorneys retained to represent the district in cases using |
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alternative dispute resolution procedures, including |
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individualized education program facilitation under Section |
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29.019; and |
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(3) the amount spent by the district, if any, to pay |
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the salary of one or more attorneys employed by the district solely |
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to provide legal services to the district in litigating special |
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education cases, including cases using alternative dispute |
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resolution procedures. |
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(c) For each category described by Subsection (b), a |
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district must also report the amount expended on a per-student |
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basis, which is the amount that results from dividing the total |
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amount by the number of students who received special education |
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services from the district during the applicable year. |
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(d) The commissioner may adopt rules necessary to implement |
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this section. |
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SECTION 2. This Act takes effect September 1, 2019. |