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 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.
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.
