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Legislative Year: 2023 Change

Bill Detail: HB23-1168

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Title Legal Representation And Students With Disabilities
Status Governor Signed (05/25/2023)
Bill Subjects
  • Education & School Finance (Pre & K-12)
House Sponsors S. Sharbini (D)
J. Joseph (D)
Senate Sponsors F. Winter (D)
House Committee Education
Senate Committee Education
Date Introduced 02/02/2023

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.

Committee Reports
with Amendments
Full Text
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Fiscal Notes Fiscal Notes (07/07/2023) (most recent)  
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  • Past fiscal notes
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