Bill Text: TX SB2141 | 2017-2018 | 85th Legislature | Engrossed

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-Engrossed.html
 
 
  By: Taylor of Galveston S.B. No. 2141
 
 
A BILL TO BE ENTITLED
 
AN ACT
  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 [required of] 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; [and]
               (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.
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