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By Mr. Sannicandro of Ashland, petition (accompanied by bill, House, No. 547) of Tom Sannicandro and others relative to special education due process costs. Education. |
The Commonwealth of Massachusetts
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PETITION OF:
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By Mr. Sannicandro of Ashland, petition (accompanied by bill, House, No. 547) of Tom Sannicandro and others relative to special education due process costs. Education. |
The Commonwealth of Massachusetts
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PETITION OF:
Alice K. Wolf
Martha M. Walz
James B. Eldridge
Kay Khan
Christopher G. Fallon
Barbara A. L'Italien
David Paul Linsky
William Lantigua
Elizabeth A. Malia
Matthew C. Patrick
Gale D. Candaras
Patricia D. Jehlen
Steven A. Tolman
Marian Walsh
Walter F. Timilty
Ruth B. Balser
Benjamin Swan
Gloria L. Fox
Geraldine Creedon
Edward M. Augustus, Jr.
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In the Year Two Thousand and Seven.
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Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:
SECTION 1. Section 3 of chapter 71B of the General Laws, as appearing in the 2002 Official Edition, is hereby amended by inserting after the twelfth paragraph the following paragraph:—
Parents, guardians or persons with custody of a student, who have requested a hearing seeking resolution of any dispute with the bureau of special education appeals, shall be entitled to reasonable attorney’s fees and costs as a “prevailing party” if they obtain relief on a significant claim as a result of such request that effects a material alteration in the parties’ legal relationship, and it is not merely de minimis, whether such relief is the result of a voluntary change in the school district’s conduct, a settlement agreement, or a decision or order issued by a hearing officer or court.