Legal Representation And Students With Disabilities
Current law entitles a parent, guardian, or legal custodian of, or entity with educational decision-making authority for, a student with a disability, or a student who may be eligible for special education services (parent), to file a state complaint in the event of a dispute with an administrative unit or a state-operated program (education provider). If the parent prevails in a state complaint decision, the education provider may file a due process complaint against the parent regarding the issues disputed in the state complaint. The bill requires the department of education (department) to create and maintain a list of attorneys qualified to represent a parent in a due process complaint hearing filed by an education provider concerning issues disputed in the state complaint in which the parent prevailed. The bill requires the department of education (department) to enter into a service agreement with a nonprofit organization to create and maintain a list of attorneys qualified to represent a parent in a due process complaint filed by an education provider concerning issues disputed in a state complaint in which the parent prevailed. The service agreement is for 5 years.The department shall appoint an attorney to defend a parent against due process complaints filed by an education provider. The parent may waive the appointment of the attorney. A parent may contact the nonprofit organization for an attorney appointment.
The bill requires the department to include information on attorney appointments in the procedural safeguard notice and in materials distributed to parents describing due process complaint procedures.
The bill creates a fund to pay attorneys defending parents against due process complaints filed by an education provider. requires the department to annually provide the nonprofit organization $20,000 to pay attorneys and to create, maintain, and administer the list of attorneys.
(Note: Italicized words indicate new material added to the original summary; dashes through words indicate deletions from the original summary.)
(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)