VA HB1381 | 2021 | Regular Session

Note: Carryover of previous HB1381

Status

Spectrum: Bipartisan Bill
Status: Introduced on January 8 2020 - 25% progression, died in committee
Action: 2020-12-04 - Left in Courts of Justice
Pending: House Courts of Justice Committee
Text: Latest bill text (Prefiled) [HTML]

Summary

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. 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.

Tracking Information

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Title

Special education; due process hearings, nonattorney representatives.

Sponsors


History

DateChamberAction
2020-12-04HouseLeft in Courts of Justice
2020-02-05HouseContinued to 2021 in Courts of Justice by voice vote
2020-02-03HouseSubcommittee recommends continuing to 2021 by voice vote
2020-01-30HouseAssigned Courts sub: Civil
2020-01-20HouseReferred to Committee for Courts of Justice
2020-01-20HouseReferred from Education by voice vote
2020-01-13HouseAssigned Education sub: Pre-K-12
2020-01-08HouseReferred to Committee on Education
2020-01-08HousePrefiled and ordered printed; offered 01/08/20 20102357D

Same As/Similar To

HB1381 (Carry Over) 2020-02-05 - Continued to 2021 in Courts of Justice by voice vote

Code Citations

ChapterArticleSectionCitation TypeStatute Text
221214(n/a)See Bill Text
221214.2(n/a)See Bill Text

Virginia State Sources


Bill Comments

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