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AN ACT
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relating to requirements for a representative for a student in a |
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special education due process hearing. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 29.0162, Education Code, is amended by |
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amending Subsection (b) and adding Subsection (e) to read as |
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follows: |
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(b) The commissioner by rule shall adopt additional |
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qualifications and requirements for [required of] a representative |
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for purposes of Subsection (a)(2). The rules must: |
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(1) prohibit an individual from being a representative |
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under Subsection (a)(2) opposing a school district if: |
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(A) the individual has prior employment |
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experience with the district; and |
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(B) the district raises an objection to the |
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individual serving as a representative; [and] |
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(2) include requirements that the representative have |
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knowledge of: |
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(A) special education due process rules, |
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hearings, and procedure; and |
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(B) federal and state special education laws; |
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(3) require, if the representative receives monetary |
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compensation from a person for representation in an impartial due |
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process hearing, that the representative agree to abide by a |
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voluntary code of ethics and professional conduct during the period |
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of representation; and |
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(4) require, if the representative receives monetary |
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compensation from a person for representation in an impartial due |
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process hearing, that the representative enter into a written |
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agreement for representation with the person who is the subject of |
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the special education due process hearing that includes a process |
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for resolving any disputes between the representative and the |
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person. |
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(e) The written agreement for representation required under |
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Subsection (b)(4) is considered confidential and may not be |
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disclosed. |
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SECTION 2. This Act applies beginning with the 2017-2018 |
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school year. |
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SECTION 3. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2017. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I hereby certify that S.B. No. 2141 passed the Senate on |
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May 15, 2017, by the following vote: Yeas 31, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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I hereby certify that S.B. No. 2141 passed the House on |
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May 24, 2017, by the following vote: Yeas 146, Nays 0, two |
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present not voting. |
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______________________________ |
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Chief Clerk of the House |
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Approved: |
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______________________________ |
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Date |
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______________________________ |
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Governor |