VA HB1381 | 2021 | Regular Session
Note: Carry Over 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]
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.
Title
Special education; due process hearings, nonattorney representatives.
Sponsors
History
| Date | Chamber | Action |
|---|---|---|
| 2020-12-04 | House | Left in Courts of Justice |
| 2020-02-05 | House | Continued to 2021 in Courts of Justice by voice vote |
| 2020-02-03 | House | Subcommittee recommends continuing to 2021 by voice vote |
| 2020-01-30 | House | Assigned Courts sub: Civil |
| 2020-01-20 | House | Referred to Committee for Courts of Justice |
| 2020-01-20 | House | Referred from Education by voice vote |
| 2020-01-13 | House | Assigned Education sub: Pre-K-12 |
| 2020-01-08 | House | Referred to Committee on Education |
| 2020-01-08 | House | Prefiled 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
