Texas Administrative Code
Title 19 - EDUCATION
Part 2 - TEXAS EDUCATION AGENCY
Chapter 89 - ADAPTATIONS FOR SPECIAL POPULATIONS
Subchapter AA - COMMISSIONER'S RULES CONCERNING SPECIAL EDUCATION SERVICES
Division 7 - DISPUTE RESOLUTION
Section 89.1175 - Representation in Special Education Due Process Hearings
Current through Reg. 49, No. 52; December 27, 2024
(a) A party to a due process hearing may represent himself or herself or be represented by:
(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.
(d) The written authorization must include the non-attorney representative's name and contact information and a description of the non-attorney representative's:
(e) The written authorization must state the party's acknowledgment of the following:
(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:
(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.