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A BILL TO BE ENTITLED
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AN ACT
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relating to a required training course for persons serving as |
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special education representatives and hearing officers at |
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impartial due process hearings or as facilitators for |
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individualized education program facilitation. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 29.0162(b), Education Code, is amended |
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to read as follows: |
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(b) The commissioner by rule shall adopt additional |
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qualifications and requirements for a representative for purposes |
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of 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; |
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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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(3) require, if the representative receives monetary |
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compensation from a person for representation in an impartial due |
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process hearing, that the representative agree to abide by a |
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[voluntary] code of ethics and professional conduct during the |
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period of representation; [and] |
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(4) require, if the representative receives monetary |
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compensation from a person for representation in an impartial due |
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process hearing, that the representative enter into a written |
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agreement for representation with the person who is the subject of |
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the special education due process hearing that includes a process |
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for resolving any disputes between the representative and the |
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person; and |
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(5) require, if the representative is not a parent of |
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or person standing in parental relation to the student being |
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represented in an impartial due process hearing, that the |
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representative complete a special education law training course in |
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accordance with Section 29.0165 before the hearing. |
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SECTION 2. Subchapter A, Chapter 29, Education Code, is |
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amended by adding Section 29.0165 to read as follows: |
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Sec. 29.0165. SPECIAL EDUCATION LAW TRAINING COURSE FOR DUE |
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PROCESS HEARINGS AND INDIVIDUALIZED EDUCATION PROGRAM |
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FACILITATION. (a) In this section, "council" means the Texas |
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Council for Developmental Disabilities. |
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(b) The agency shall contract with the council to have the |
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council develop and offer a training course on special education |
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law for persons serving as representatives for students or as |
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hearing officers for impartial due process hearings or as |
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facilitators for individualized education program facilitation. |
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The course must be approved by the executive director of the council |
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and require a participant to: |
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(1) complete at least 30 hours of instruction in |
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special education law; and |
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(2) pass an examination adopted by the council. |
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(c) The executive director of the council must approve any |
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examination administered under this section. |
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(d) Except as provided by Subsection (e), a person may not |
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serve as a representative for a student or as a hearing officer at |
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an impartial due process hearing or as a facilitator for |
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individualized education program facilitation under this chapter |
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unless the person has completed the training required by this |
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section and satisfactorily passed the course examination. |
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(e) A person may serve as a facilitator for a school |
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district's individualized education program facilitation under |
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Section 29.019 without completing the training required by |
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Subsection (b)(1) if: |
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(1) the person: |
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(A) is certified in special education; or |
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(B) has served as a facilitator for at least five |
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years; and |
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(2) the person satisfactorily passes the examination |
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administered under Subsection (b)(2). |
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(f) The agency may use any federal funds received under Part |
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B, Individuals with Disabilities Education Act (IDEA)(20 U.S.C. |
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Section 1411 et seq.), to administer this section. |
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SECTION 3. (a) This Act applies beginning with the |
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2023-2024 school year. |
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(b) As soon as practicable after the effective date of this |
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Act: |
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(1) the commissioner of education or the Texas Council |
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for Developmental Disabilities, as appropriate, shall adopt rules |
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necessary to implement the changes in law made by this Act; and |
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(2) the Texas Council for Developmental Disabilities |
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shall develop the special education law training course required by |
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Section 29.0165, Education Code, as added 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, 2023. |