Bill Text: TX SB2141 | 2017-2018 | 85th Legislature | Enrolled
Bill Title: Relating to requirements for a representative for a student in a special education due process hearing.
Spectrum: Bipartisan Bill
Status: (Passed) 2017-06-12 - Effective immediately [SB2141 Detail]
Download: Texas-2017-SB2141-Enrolled.html
S.B. No. 2141 |
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relating to requirements for a representative for a student in a | ||
special education due process hearing. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 29.0162, Education Code, is amended by | ||
amending Subsection (b) and adding Subsection (e) to read as | ||
follows: | ||
(b) The commissioner by rule shall adopt additional | ||
qualifications and requirements for [ |
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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; [ |
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(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 | ||
voluntary code of ethics and professional conduct during the period | ||
of representation; and | ||
(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. | ||
(e) The written agreement for representation required under | ||
Subsection (b)(4) is considered confidential and may not be | ||
disclosed. | ||
SECTION 2. This Act applies beginning with the 2017-2018 | ||
school year. | ||
SECTION 3. 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, 2017. | ||
______________________________ | ______________________________ | |
President of the Senate | Speaker of the House | |
I hereby certify that S.B. No. 2141 passed the Senate on | ||
May 15, 2017, by the following vote: Yeas 31, Nays 0. | ||
______________________________ | ||
Secretary of the Senate | ||
I hereby certify that S.B. No. 2141 passed the House on | ||
May 24, 2017, by the following vote: Yeas 146, Nays 0, two | ||
present not voting. | ||
______________________________ | ||
Chief Clerk of the House | ||
Approved: | ||
______________________________ | ||
Date | ||
______________________________ | ||
Governor |