Bill Text: TX HB1093 | 2019-2020 | 86th Legislature | Introduced
Bill Title: Relating to the limitation period for filing a complaint and requesting a special education impartial due process hearing.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced - Dead) 2019-03-13 - Left pending in committee [HB1093 Detail]
Download: Texas-2019-HB1093-Introduced.html
86R6167 SOS-D | ||
By: Moody | H.B. No. 1093 |
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relating to the limitation period for filing a complaint and | ||
requesting a special education impartial due process hearing. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Subchapter A, Chapter 29, Education Code, is | ||
amended by adding Section 29.0164 to read as follows: | ||
Sec. 29.0164. LIMITATION PERIOD FOR FILING COMPLAINT AND | ||
REQUESTING SPECIAL EDUCATION DUE PROCESS HEARING. The commissioner | ||
or agency may not adopt or enforce a rule that establishes a shorter | ||
period for filing a due process complaint alleging a violation of | ||
state or federal special education laws and requesting an impartial | ||
due process hearing than the maximum timeline designated under 20 | ||
U.S.C. Sections 1415(b)(6) and (f)(3). | ||
SECTION 2. (a) The change in law made by Section 29.0164, | ||
Education Code, as added by this Act, applies to: | ||
(1) a complaint filed and an impartial due process | ||
hearing requested on or after the effective date of this Act; and | ||
(2) a complaint and an impartial due process hearing | ||
request pending on the effective date of this Act. | ||
(b) Subsection (a) of this section applies regardless of | ||
whether the complaint or hearing request: | ||
(1) would be barred by application of the limitation | ||
period in effect immediately before the effective date of this Act | ||
but would not be barred by application of the change in law made by | ||
Section 29.0164, Education Code, as added by this Act; or | ||
(2) was previously determined to be barred by | ||
application of the limitation period in effect immediately before | ||
the effective date of this Act but would not be barred by | ||
application of the change in law made by Section 29.0164, Education | ||
Code, as added by this Act. | ||
SECTION 3. As soon as practicable after the effective date | ||
of this Act, the commissioner of education shall amend rules as | ||
necessary to comply with Section 29.0164, 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. |