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AN ACT
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relating to the limitation period for filing a complaint and |
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requesting a special education impartial due process hearing. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. This Act may be cited as the Edgar Pacheco Jr. |
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Act. |
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SECTION 2. Subchapter A, Chapter 29, Education Code, is |
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amended by adding Section 29.0164 to read as follows: |
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Sec. 29.0164. LIMITATION PERIOD FOR FILING COMPLAINT AND |
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REQUESTING SPECIAL EDUCATION DUE PROCESS HEARING. The commissioner |
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or agency may not adopt or enforce a rule that establishes a shorter |
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period for filing a due process complaint alleging a violation of |
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state or federal special education laws and requesting an impartial |
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due process hearing than the maximum timeline designated under 20 |
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U.S.C. Sections 1415(b)(6) and (f)(3). |
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SECTION 3. Section 29.0164, Education Code, as added by |
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this Act, applies only to a complaint filed and an impartial due |
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process hearing requested on or after the effective date of this |
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Act. A complaint filed and an impartial due process hearing |
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requested before the effective date of this Act are governed by the |
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law in effect at the time the complaint was filed and the impartial |
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due process hearing was requested, and the former law is continued |
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in effect for that purpose. |
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SECTION 4. As soon as practicable after the effective date |
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of this Act, the commissioner of education shall amend rules as |
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necessary to comply with Section 29.0164, Education Code, as added |
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by this Act. |
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SECTION 5. This Act takes effect September 1, 2022. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 1252 was passed by the House on May |
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11, 2021, by the following vote: Yeas 95, Nays 47, 1 present, not |
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voting; and that the House concurred in Senate amendments to H.B. |
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No. 1252 on May 28, 2021, by the following vote: Yeas 113, Nays 29, |
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1 present, not voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 1252 was passed by the Senate, with |
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amendments, on May 26, 2021, by the following vote: Yeas 25, Nays |
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6. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: __________________ |
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Date |
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__________________ |
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Governor |