Bill Text: TX HB4126 | 2019-2020 | 86th Legislature | Introduced
Bill Title: Relating to a required training course for persons serving as special education representatives and hearing officers at impartial due process hearings.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2019-03-25 - Referred to Public Education [HB4126 Detail]
Download: Texas-2019-HB4126-Introduced.html
86R12273 JES-F | ||
By: Howard | H.B. No. 4126 |
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relating to a required training course for persons serving as | ||
special education representatives and hearing officers at | ||
impartial due process hearings. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 29.0162(b), Education Code, is amended | ||
to read as follows: | ||
(b) The commissioner by rule shall adopt additional | ||
qualifications and requirements for a representative for purposes | ||
of Subsection (a)(2). The rules must: | ||
(1) prohibit an individual from being a representative | ||
under Subsection (a)(2) opposing a school district if: | ||
(A) the individual has prior employment | ||
experience with the district; and | ||
(B) the district raises an objection to the | ||
individual serving as a representative; | ||
(2) include requirements that the representative have | ||
knowledge of: | ||
(A) special education due process rules, | ||
hearings, and procedure; and | ||
(B) federal and state special education laws; | ||
(3) require, if the representative receives monetary | ||
compensation from a person for representation in an impartial due | ||
process hearing, that the representative agree to abide by a | ||
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period of representation; [ |
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(4) require, if the representative receives monetary | ||
compensation from a person for representation in an impartial due | ||
process hearing, that the representative enter into a written | ||
agreement for representation with the person who is the subject of | ||
the special education due process hearing that includes a process | ||
for resolving any disputes between the representative and the | ||
person; and | ||
(5) require, if the representative is not a parent of | ||
or person standing in parental relation to the student being | ||
represented in an impartial due process hearing, that the | ||
representative complete a special education law training course in | ||
accordance with Section 29.0165 before the hearing. | ||
SECTION 2. Subchapter A, Chapter 29, Education Code, is | ||
amended by adding Section 29.0165 to read as follows: | ||
Sec. 29.0165. SPECIAL EDUCATION LAW TRAINING COURSE FOR DUE | ||
PROCESS HEARINGS. (a) The agency shall develop and offer a | ||
training course on special education law for persons serving as | ||
representatives for students or as hearing officers for impartial | ||
due process hearings. The course must be approved by the | ||
commissioner and require a participant to: | ||
(1) complete at least 30 hours of instruction in | ||
special education law; and | ||
(2) pass an examination at the end of the course. | ||
(b) The commissioner must approve any examination | ||
administered under this section. | ||
(c) A person may not serve as a representative for a student | ||
or a hearing officer at an impartial due process hearing under this | ||
chapter unless the person has completed the training required by | ||
this section and satisfactorily passed the course examination. | ||
SECTION 3. (a) This Act applies beginning with the | ||
2020-2021 school year. | ||
(b) As soon as practicable after the effective date of this | ||
Act: | ||
(1) the commissioner of education shall adopt rules | ||
necessary to implement the changes in law made by this Act; and | ||
(2) the Texas Education Agency shall develop the | ||
special education law training course required by Section 29.0165, | ||
Education Code, as added by this Act. | ||
SECTION 4. This Act takes effect immediately if it receives | ||
a vote of two-thirds of all the members elected to each house, as | ||
provided by Section 39, Article III, Texas Constitution. If this | ||
Act does not receive the vote necessary for immediate effect, this | ||
Act takes effect September 1, 2019. |