HB1813 - Relating to a parental right to information concerning a public school special education program and certain requirements for persons serving as special education representatives and hearing officers at impartial due process hearings; authorizing a fee.

      By: Bucy, Buckley, Noble, Howard, Talarico H.B. No. 1813       A BILL TO BE ENTITLED   AN ACT   relating to a parental right to information concerning a public   school special education program and certain requirements for   persons serving as special education representatives and hearing   officers at impartial due process hearings; authorizing a fee.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 26.0081, Education Code, is amended by   amending Subsection (a) and adding Subsection (a-1) to read as   follows:          (a)  The agency shall produce and provide to school districts   sufficient copies of a comprehensive, easily understood document   that explains the process by which an individualized education   program is developed for a student in a special education program   and the rights and responsibilities of a parent concerning the   process.  The document must include information :                 (1)  necessary for  a parent [ needs ] to effectively   participate in an admission, review, and dismissal committee   meeting for the parent's child ;                 (2)     regarding the right to representation by an   attorney or other representative in a special education due process   hearing under Section 29.0162; and                 (3)     regarding how to file a consumer complaint related   to the service provided by an individual who is eligible to serve as   a non-attorney representative under Section 29.0162(a)(2) or   29.0165 and accepts payment for services from a parent .           (a-1)     The agency shall include the information described by   Subsections (a)(2) and (3) in the notice of procedural safeguards   provided to a parent or legal guardian under 20 U.S.C. Section   1415(b).          SECTION 2.  Sections 29.0162(b) and (d), Education Code, are   amended to read as follows:          (b)  The commissioner by rule shall adopt additional   qualifications and requirements for 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 the   individual has been determined to have engaged in a false,   misleading, or deceptive act or practice actionable under   Subchapter E, Chapter 17, Business & Commerce Code [ 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 ];                (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 ; and                 (5)     require, if the representative is not a parent of   or person with a familial relationship with the student being   represented in an impartial due process hearing, that the   representative complete a special education law training course in   accordance with Section 29.0165 before the hearing .          (d)  The agency is not required to license or in any way other   than as provided by Subsection (b) or Section 29.0165  regulate   representatives described by Subsection (a)(2) in a special   education impartial due process hearing.          SECTION 3.  Subchapter A, Chapter 29, Education Code, is   amended by adding Section 29.0165 to read as follows:           Sec.   29.0165.     SPECIAL EDUCATION LAW TRAINING COURSE. (a)     The agency shall collaborate with regional education service   centers to develop and offer a training course on special education   law for persons serving as non-attorney representatives for   students.   The course:                 (1)  must include information on:                       (A)     state and federal laws, rules, and   regulations related to special education;                       (B)     state and federal rules and procedures that   apply to due process hearings, including 34 C.F.R. Sections 300.507   through 300.515 and 300.532;                       (C)     the Family Educational Rights and Privacy Act   of 1974 (20 U.S.C. Section 1232g); and                       (D)  accepted standards for ethics; and                 (2)     may include a final exam, as approved by the   agency.           (b)     In developing the training course under Subsection (a),   the agency shall:                 (1)     consult with relevant stakeholders, including   representatives of school districts and parents of students who   have participated in a special education due process hearing under   Section 29.0162; and                 (2)     make a good faith effort to accurately represent   the interests of school districts and parents of students who are   the subject of a special education due process hearing.           (c)     As soon as practicable after the conclusion of each   legislative session, the agency shall collaborate with regional   education service centers to develop and offer a biennial update   training course to persons who have completed the training under   Subsection (a).           (d)     The agency may charge a fee for a person to participate   in a training course developed under Subsection (a) or (c).           (e)     The agency shall offer to individuals who have   demonstrated a financial need options to take the training courses   described by Subsections (a) and (c) for free or at a discounted   price.           (f)     A person may accept payment from a student's parent to   serve as a non-attorney representative for a student in an   impartial due process hearing brought under 20 U.S.C. Section 1415   only if the person has:                 (1)     completed the training described by Subsection (a)   or another training course developed or adopted by the agency;                 (2)     if applicable, completed the most recent biennial   update training described by Subsection (c) or another update   training course developed or adopted by the agency not later than   one year after the update training is offered;                 (3)     not engaged in a false, misleading, or deceptive   act or practice actionable under Subchapter E, Chapter 17, Business &   Commerce Code; and                 (4)     presented proof of the person's eligibility to   serve as a non-attorney representative under this subsection to the   student's parent.           (g)     For purposes of Subsection (f)(1), the agency may adopt   an existing statewide or nationwide special education law training   course.           (h)     The agency may use any federal funds received under Part   B, Individuals with Disabilities Education Act (20 U.S.C. Section   1411 et seq.), to administer this section.           (i)     The agency shall post on the agency's Internet website a   list of training courses developed or adopted for purposes of   Subsection (f).           (j)     Each school district shall post on the school district's   Internet website the list of training courses described by   Subsection (i).          SECTION 4.  (a)  As soon as practicable after the effective   date of this Act:                (1)  the commissioner of education, in collaboration   with regional education service centers, as appropriate, shall   adopt rules necessary to implement the changes in law made by this   Act; and                (2)  the Texas Education Agency, in collaboration with   regional education service centers, shall develop the special   education law training course required by Section 29.0165,   Education Code, as added by this Act.          (b)  The commissioner of education shall adopt rules to   implement the training requirements under Section 29.0162(b)(5),   Education Code, and Section 29.0165, Education Code, as added by   this Act, not later than one year after the agency has developed the   special education law training course as required by Subsection   (a)(2) of this section.          SECTION 5.  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, 2025.