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2003 SESSION

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SB 1223 Special education; retention of counsel.

Introduced by: Martin E. Williams | all patrons    ...    notes | add to my profiles

SUMMARY AS INTRODUCED:

Special education; retention of counsel. Directs local school boards seeking legal counsel, in resolving disputes regarding the provision of special education and related services for students with disabilities, to strive first to use the services of existing local government counsel, and to consider the services of outside legal counsel as a second alternative.

Special education services are primarily governed by the federal Individuals with Disabilities Education Act (IDEA); State Board of Education regulations outline various due process and complaint procedures, consistent with federal requirements, and permit the award of attorney's fees to parents who prevail in a legal dispute.

Current subsection B also directs the Board to include in its regulations provisions encouraging the use of mediation as an informal means of resolving disputes (8 VAC 20-80-74).


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