Bill Text: TX SB2141 | 2017-2018 | 85th Legislature | Comm Sub
NOTE: There are more recent revisions of this legislation. Read Latest Draft
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-Comm_Sub.html
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-Comm_Sub.html
By: Taylor of Galveston | S.B. No. 2141 | |
(In the Senate - Filed March 10, 2017; March 29, 2017, read | ||
first time and referred to Committee on Education; May 9, 2017, | ||
reported favorably by the following vote: Yeas 11, Nays 0; | ||
May 9, 2017, sent to printer.) | ||
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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 that the representative agree to abide by | ||
a voluntary code of ethics and professional conduct during the | ||
period of representation; and | ||
(4) require 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 unless otherwise required by law. | ||
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. | ||
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