HB 1381

Abstract

Special education; due process hearings; nonattorney representatives. Permits a school division and the parents of a child with a disability in the school division to be accompanied and advised by any nonattorney with special knowledge or training with respect to the needs of children with disabilities in any due process hearing before a hearing officer. The bill declares that it constitutes the practice of law without being authorized or licensed to do so as prohibited by law when any such nonattorney drafts or submits pleadings, motions, or briefs; presents evidence; makes any argument, including any argument relating to any law or regulation; or questions witnesses on behalf of any parent or student. The bill requires the Board of Education to adopt regulations to establish (i) licensure requirements, including minimum training and qualification requirements, (ii) a code of professional conduct, and (iii) a mechanism for the review and resolution of complaints for such nonattorneys. Current law permits the school division and the parents of a child with a disability to be represented by any individual, regardless of special knowledge or training, in any due process hearing before a hearing officer and declares that such representation does not constitute the practice of law without being authorized or licensed to do so.