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2010 SESSION
SB 46 Special education program for children with disabilities; recovery of attorney fees.
Introduced by: Richard H. Stuart | all patrons ... notes | add to my profiles
SUMMARY AS PASSED SENATE: (all summaries)
Special education program for children with disabilities; recovery of attorney fees. Authorizes a court to award reasonable attorney fees and costs (i) to a prevailing party, who is the parent of a child with a disability, in a civil action he is allowed to bring before the court because he is aggrieved by earlier findings and a decision resolving a dispute as to program placements, individualized education programs, tuition eligibility and other matters; (ii) to a prevailing party who is the Board of Education or a local school division against the attorney of a parent who files a complaint or a subsequent cause of action that is frivolous, unreasonable, or without foundation, or against the attorney of a parent who continued to litigate after the litigation clearly became frivolous, unreasonable, or without foundation; or (iii) to a prevailing party who is the Board of Education or a local school division against the attorney of a parent, or against the parent, if the parent's complaint or subsequent cause of action was presented for any improper purpose, such as to harass, to cause unnecessary delay, or to needlessly increase the cause of litigation.
FULL TEXT
- 01/04/10 Senate: Prefiled and ordered printed; offered 01/13/10 10101457D pdf | impact statement
- 02/10/10 Senate: Committee substitute printed 10104604D-S1 pdf | impact statement
- 02/10/10 Senate: Substitute bill reprinted 10104604D-S1 pdf | impact statement
- 02/26/10 House: Committee substitute printed 10105657D-H1 pdf | impact statement
- 03/13/10 Senate: Conference substitute printed 10106082D-S2 pdf
- 03/22/10 Senate: Bill text as passed Senate and House (SB46ER) pdf | impact statement
- 04/11/10 Governor: Acts of Assembly Chapter text (CHAP0447) pdf
AMENDMENTS
HISTORY
- 01/04/10 Senate: Prefiled and ordered printed; offered 01/13/10 10101457D
- 01/04/10 Senate: Referred to Committee on Education and Health
- 01/14/10 Senate: Assigned Education sub: Public Education
- 01/28/10 Senate: Rereferred from Education and Health (14-Y 0-N)
- 01/28/10 Senate: Rereferred to Courts of Justice
- 01/28/10 Senate: Assigned Courts sub: Civil
- 02/10/10 Senate: Reported from Courts of Justice with substitute (15-Y 0-N)
- 02/10/10 Senate: Committee substitute printed 10104604D-S1
- 02/10/10 Senate: Substitute bill reprinted 10104604D-S1
- 02/12/10 Senate: Constitutional reading dispensed (37-Y 0-N)
- 02/15/10 Senate: Read second time
- 02/15/10 Senate: Reading of substitute waived
- 02/15/10 Senate: Committee substitute agreed to 10104604D-S1
- 02/15/10 Senate: Engrossed by Senate - committee substitute SB46S1
- 02/15/10 Senate: Constitutional reading dispensed (39-Y 0-N)
- 02/15/10 Senate: Passed Senate (40-Y 0-N)
- 02/17/10 House: Placed on Calendar
- 02/17/10 House: Read first time
- 02/17/10 House: Referred to Committee for Courts of Justice
- 02/18/10 House: Assigned Courts sub: #2 Civil
- 02/24/10 House: Subcommittee recommends reporting with amendment(s) (11-Y 0-N)
- 02/26/10 House: Reported from Courts of Justice with substitute (19-Y 0-N)
- 02/26/10 House: Committee substitute printed 10105657D-H1
- 03/02/10 House: Read second time
- 03/03/10 House: Read third time
- 03/03/10 House: Committee substitute agreed to 10105657D-H1
- 03/03/10 House: Passed by for the day
- 03/04/10 House: Read third time
- 03/04/10 House: Engrossed by House - committee substitute SB46H1
- 03/04/10 House: Passed House with substitute BLOCK VOTE (100-Y 0-N)
- 03/04/10 House: VOTE: BLOCK VOTE PASSAGE (100-Y 0-N)
- 03/08/10 Senate: House substitute agreed to by Senate (37-Y 3-N)
- 03/08/10 Senate: Reconsideration of House substitute agreed to by Senate (40-Y 0-N)
- 03/08/10 Senate: Passed by for the day
- 03/09/10 Senate: Passed by for the day
- 03/10/10 Senate: House substitute rejected by Senate (18-Y 21-N)
- 03/10/10 Senate: Reconsideration of House substitute agreed to by Senate (40-Y 0-N)
- 03/10/10 Senate: Passed by temporarily
- 03/10/10 Senate: House substitute rejected by Senate (18-Y 22-N)
- 03/11/10 House: House insisted on substitute
- 03/11/10 House: House requested conference committee
- 03/11/10 Senate: Senate acceded to request (40-Y 0-N)
- 03/11/10 Senate: Conferees appointed by Senate
- 03/11/10 Senate: Senators: Petersen, Whipple, Stuart
- 03/11/10 House: Conferees appointed by House
- 03/11/10 House: Delegates: Athey, Loupassi, Hope
- 03/13/10 Senate: Conference substitute printed 10106082D-S2
- 03/13/10 House: Conference report agreed to by House (97-Y 0-N)
- 03/13/10 House: VOTE: --- ADOPTION (97-Y 0-N)
- 03/13/10 Senate: Conference report agreed to by Senate (38-Y 0-N)
- 03/22/10 Senate: Enrolled
- 03/22/10 Senate: Bill text as passed Senate and House (SB46ER)
- 03/22/10 House: Signed by Speaker
- 03/25/10 Senate: Signed by President
- 04/11/10 Governor: Approved by Governor-Chapter 447 (effective 7/1/10)
- 04/11/10 Governor: Acts of Assembly Chapter text (CHAP0447)