HB3170 - Relating to transparency in special education legal proceedings involving a school district and a limit on legal fees that may be spent by a school district in special education legal proceedings.

  89R2427 JTZ-D     By: Cain H.B. No. 3170       A BILL TO BE ENTITLED   AN ACT   relating to transparency in special education legal proceedings   involving a school district and a limit on legal fees that may be   spent by a school district in special education legal proceedings.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Subchapter Z, Chapter 44, Education Code, is   amended by adding Section 44.903 to read as follows:           Sec.   44.903.     BOARD AUTHORIZATION TO SETTLE OR CONTEST   SPECIAL EDUCATION LAWSUITS; REPORTS TO AGENCY.   (a)   This section   applies only to a due process complaint against a school district   alleging a violation of federal or state special education laws.           (b)     Except as otherwise provided by this section, a school   district may not spend more than $10,000 in legal fees to defend the   district in a legal proceeding to which this section applies.           (c)     If a school district spends an amount in legal fees to   defend the district in a legal proceeding to which this section   applies that is at least 80 percent of the limit imposed by   Subsection (b) and intends to continue the proceeding, the district   superintendent shall submit to the board of trustees of the   district a report that:                 (1)     states that the current cost in legal fees in the   proceeding is approaching the limit imposed by Subsection (b); and                 (2)  includes:                       (A)     a summary of the facts, legal claims,   defenses, and relief sought in the proceeding; and                       (B)     an estimate of the total amount in legal fees   that will be required to defend the district in the proceeding.           (d)     A report submitted under Subsection (c) is confidential   and not subject to disclosure under Chapter 552, Government Code.           (e)     As soon as practicable after receipt of a report under   Subsection (c), the board of trustees of the school district shall:                 (1)     direct the district to settle the legal proceeding   before the total cost in legal fees exceeds the limit imposed by   Subsection (b); or                 (2)     authorize the district to spend an amount in legal   fees in excess of the limit imposed by Subsection (b) to defend the   district in the legal proceeding.           (f)     Each month, a school district shall post on the   district's Internet website and submit to the agency a report   regarding each ongoing legal proceeding to which this section   applies for which the district's legal fees exceed the limit   imposed by Subsection (b), including:                 (1)  the general subject matter of the proceeding; and                 (2)     the total amount of legal fees incurred by the   district for the proceeding as of the date on which the report is   made.           (g)     A report required under Subsection (f) may not include   personally identifiable student information and must comply with   the Family Educational Rights and Privacy Act of 1974 (20 U.S.C.   Section 1232g).           (h)     Each month, the agency shall compile and post on the   agency's Internet website the information reported to the agency   under Subsection (f) for the preceding month.   The information must   be both aggregated statewide and disaggregated by school district.           (i)     The commissioner may adopt rules as necessary to   implement this section.          SECTION 2.  Section 44.903, Education Code, as added by this   Act, applies only to a legal proceeding to which that section   applies that is filed on or after the effective date of this Act.          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, 2025.