Bill Text: CA AB2116 | 2013-2014 | Regular Session | Introduced

California Assembly Bill 2116 (Prior Session Legislation)

Introduced

Bill Title: Special education.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2014-02-21 - From printer. May be heard in committee March 23. [AB2116 Detail]

Download: California-2013-AB2116-Introduced.html

BILL NUMBER: AB 2116	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Wagner

                        FEBRUARY 20, 2014

   An act to amend Section 56507 of the Education Code, relating to
special education.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2116, as introduced, Wagner. Special education.
   Existing law requires that every individual with exceptional
needs, as defined, who is eligible, be provided with educational
instruction, services, or both, at no cost to his or her parent or
guardian or, as appropriate, to him or her. A free appropriate public
education is required to be made available to individuals with
exceptional needs in accordance with the federal Individuals with
Disabilities Education Act and regulations adopted pursuant to that
act. The federal Individuals with Disabilities Education Act
authorizes a United States district court, in its discretion, to
award reasonable attorney's fees as part of costs to a prevailing
party who is the parent of a child with a disability in certain
actions or proceedings, or to a prevailing state educational agency
or local educational agency against the attorney of a parent in
certain circumstances. State law references the attorney's fees
provisions of the federal Individuals with Disabilities Education
Act.
   This bill would make nonsubstantive changes to the state law
reference to the attorney's fees provisions of the federal
Individuals with Disabilities Education Act.
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 56507 of the Education Code is amended to read:

   56507.  (a) If either party to a due process hearing intends to be
represented by an attorney in the state hearing, notice of that
intent shall be given to the other party at least 10 days 
prior to   before  the hearing. The failure to
provide that notice shall constitute good cause for a continuance.
   (b) (1) An award of reasonable attorney's fees to the prevailing
parent, guardian, or pupil, as the case may be, may only be made
either with the agreement of the parties following the conclusion of
the administrative hearing process or by a court of competent
jurisdiction pursuant to Section 1415(i)(3) of Title 20 of the United
States Code.
   (2) In accordance with Section 1415(i)(3) of Title 20 of the
United States Code, the court, in its discretion, may award
reasonable attorney's fees as part of the costs to a prevailing party
who is a state educational agency or local educational agency in
 any of  the following circumstances:
   (A) Against the attorney of a parent who files a due process
hearing request or 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.
   (B) Against the attorney of a parent, or against the parent, if
the parent's due process hearing request or subsequent cause of
action was presented for any improper purpose, such as to harass, to
cause unnecessary delay, or to needlessly increase the cost of
litigation.
   (c) Public agencies shall not use federal funds distributed under
Part B of the federal Individuals with Disabilities Education Act (20
U.S.C. Sec. 1400 et seq.), or other federal special education funds,
for the agency's own legal counsel or other advocacy costs, that may
include, but are not limited to, a private attorney or employee of
an attorney, legal paraprofessional, or other paid advocate, related
to a due process hearing or the appeal of a hearing decision to the
courts. Funds shall not be used to reimburse parents who prevail and
are awarded attorney's fees, pursuant to subdivision (b), as part of
the judgment.  Nothing in this   This 
subdivision  shall   does not  preclude
public agencies from using these funds for attorney services related
to the establishment of policy and programs, or responsibilities,
under Part B of the federal Individuals with Disabilities Education
Act (20 U.S.C. Sec. 1400 et seq.) and the program administration of
these programs. This subdivision does not apply to attorneys and
others hired under contract to conduct administrative hearings
pursuant to subdivision (a) of Section 56505.
   (d) The hearing decision shall indicate the extent to which each
party has prevailed on each issue heard and decided, including issues
involving other public agencies named as parties to the hearing.