| (a) A party to a due process hearing may represent
himself or herself or be represented by:
(1) an attorney who is licensed in the State of Texas;
or
(2) an individual who is not an attorney licensed in
the State of Texas but who has special knowledge or training with
respect to problems of children with disabilities and who satisfies
the qualifications of this section.
(b) A party who wishes to be represented by an individual
who is not an attorney licensed in the State of Texas must file a
written authorization with the hearing officer promptly after filing
the request for a due process hearing or promptly after retaining
the services of the non-attorney representative. The party must forward
a copy of the written authorization to the opposing party at the same
time that the written authorization is filed with the hearing officer.
(c) The written authorization must be on the form provided
in this subsection.
Attached Graphic
(d) The written authorization must include the non-attorney
representative's name and contact information and a description of
the non-attorney representative's:
(1) special knowledge or training with respect to problems
of children with disabilities;
(2) knowledge of the rules and procedures that apply
to due process hearings, including those in 34 Code of Federal Regulations,
§§300.507-300.515 and 300.532, if applicable, and this division;
(3) knowledge of federal and state special education
laws, regulations, and rules; and
(4) educational background.
(e) The written authorization must state the party's
acknowledgment of the following:
(1) the non-attorney representative has been given
full authority to act on the party's behalf with respect to the hearing;
(2) the actions or omissions by the non-attorney representative
are binding on the party, as if the party had taken or omitted those
actions directly;
(3) documents are deemed to be served on the party
if served on the non-attorney representative;
(4) communications between the party and a non-attorney
representative are not generally protected by the attorney-client
privilege and may be subject to disclosure during the hearing proceeding;
(5) neither federal nor state special education laws
provide for the recovery of fees for the services of a non-attorney
representative; and
(6) it is the party's responsibility to notify the
hearing officer and the opposing party of any change in the status
of the authorization and that the provisions of the authorization
will remain in effect until the party notifies the hearing officer
and the opposing party of the party's revocation of the authorization.
(f) If the non-attorney representative receives monetary
compensation in exchange for representing the party in the due process
hearing, the written authorization must affirm the following:
(1) the non-attorney representative has agreed to abide
by a voluntary code of ethics and professional conduct during the
period of representation; and
(2) the non-attorney representative and the party have
entered into a confidential, written representation agreement that
includes a process for resolving any disputes that may arise between
the non-attorney representative and the party.
(g) The written authorization must be signed and dated
by the party.
(h) An individual is prohibited from being a party's
representative under subsection (a)(2) of this section if the individual
has prior employment experience with the school district and the school
district raises an objection to the individual serving as a representative
based on the individual's prior employment experience. No other objections
to a party's representation by a non-attorney are permitted under
this section.
(i) Upon receipt of a written authorization filed under
this section, the hearing officer must promptly determine whether
the non-attorney representative is qualified and meets the requirements
to represent the party in the hearing and must notify the parties
in writing of the determination. A hearing officer's determination
is final and not subject to review or appeal.
(j) A non-attorney representative may not file pleadings
or other documents on behalf of a party, present statements and arguments
on behalf of a party, examine and cross-examine witnesses, offer and
introduce evidence, object to the introduction of evidence and testimony,
or engage in other activities in a representative capacity unless
the hearing officer has reviewed a written authorization filed under
this section and determined that the non-attorney representative is
qualified to represent the party in the hearing.
(k) In accordance with the Texas Education Code, §38.022,
a school district may require an attorney or a non-attorney representative
who enters a school campus to display his or her driver's license
or another form of government-issued identification. A school district
may also verify whether the representative is a registered sex offender
and may apply a policy adopted by its board of trustees regarding
the action to be taken when a visitor to a school campus is identified
as a sex offender.
|
| Source Note: The provisions of this §89.1175 adopted to be effective December 31, 2013, 38 TexReg 9552; amended to be effective March 1, 2017, 42 TexReg 760; amended to be effective February 15, 2018, 43 TexReg 766 |
