Bill Text: MA H487 | 2009-2010 | 186th General Court | Introduced


Bill Title:

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2010-03-04 - Bill reported favorably by committee and referred to the House Committee On Ways and Means [H487 Detail]

Download: Massachusetts-2009-H487-Introduced.html

The Commonwealth of Massachusetts

_______________

PRESENTED BY:

Tom Sannicandro

_______________

To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
                Court assembled:

                The undersigned legislators and/or citizens respectfully petition for the passage of the accompanying bill:

An Act to provide equal opportunities for special education.

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PETITION OF:

 

Name:

District/Address:

Tom Sannicandro

7th Middlesex

David P. Linsky

5th Middlesex

Martha M. Walz

8th Suffolk

Benjamin Swan

11th Hampden

Alice K. Wolf

25th Middlesex

Robert L. Rice, Jr.

2nd Worcester

Steven A. Tolman

Second Suffolk and Middlesex

Walter F. Timilty

7th Norfolk

William Lantigua

16th Essex

Carl M. Sciortino, Jr.

34th Middlesex

Barbara A. L'Italien

18th Essex

Frank I. Smizik

15th Norfolk

Marian Walsh

Suffolk and Norfolk

Matthew C. Patrick

3rd Barnstable

Ellen Story

3rd Hampshire

Stephen L. DiNatale

3rd Worcester

Robert L. Rice, Jr.

2nd Worcester

Patricia D. Jehlen

Second Middlesex

Marian Walsh

Suffolk and Norfolk

Geraldine Creedon

11th Plymouth

Gloria L. Fox

7th Suffolk

Kay Khan

11th Middlesex

Ellen Story

3rd Hampshire

Jennifer M. Callahan

18th Worcester

Richard J. Ross

9th Norfolk

Alice Hanlon Peisch

14th Norfolk

Theodore C. Speliotis

13th Essex

Geraldine Creedon

11th Plymouth

Garrett J. Bradley

3rd Plymouth


 

The Commonwealth of Massachusetts

_______________

In the Year Two Thousand and Nine

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An Act to provide equal opportunities for special education.



                Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:

                            Section 3 of chapter 71B of the General Laws, as appearing in the 2006 Official Edition, is hereby amended by inserting after the twelfth paragraph the following paragraph:

Parents, guardians or persons with custody of a student and, in the case of students with legal authority to act in their own behalf, students who have either requested a hearing before the bureau of special education appeals seeking resolution of any dispute or are parties to a proceeding initiated by a school committee at such bureau shall be entitled to reasonable attorney’s fees and costs, including the costs of experts, as a prevailing party if they obtain relief on a significant claim as a result of such request, or an appeal thereof, that effects a material alteration in the parties’ legal relationship, and is not merely de minimis, or if they achieve a favorable result in defense of the school committee’s action, whether such relief is the result of a voluntary change in the school committee’s conduct, a settlement agreement, or a decision or order issued by a hearing officer or court.

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