SB 46 Special education program for children with disabilities; recovery of attorney fees.
Richard H. Stuart | all patrons    ...    notes
| add to my profiles

Summary as passed Senate: (all summaries)
Special education program for children with disabilities; recovery of attorney fees. Authorizes a court to award reasonable attorney fees and costs (i) to a prevailing party, who is the parent of a child with a disability, in a civil action he is allowed to bring before the court because he is aggrieved by earlier findings and a decision resolving a dispute as to program placements, individualized education programs, tuition eligibility and other matters; (ii) to a prevailing party who is the Board of Education or a local school division against the attorney of a parent who files a complaint or a 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; or (iii) to a prevailing party who is the Board of Education or a local school division against the attorney of a parent, or against the parent, if the parent's complaint or subsequent cause of action was presented for any improper purpose, such as to harass, to cause unnecessary delay, or to needlessly increase the cause of litigation.

Full text:
01/04/10  Senate: Prefiled and ordered printed; offered 01/13/10 10101457D  pdf | impact statement
02/10/10  Senate: Committee substitute printed 10104604D-S1  pdf | impact statement
02/10/10  Senate: Substitute bill reprinted 10104604D-S1  pdf | impact statement
02/26/10  House: Committee substitute printed 10105657D-H1  pdf | impact statement
03/13/10  Senate: Conference substitute printed 10106082D-S2  pdf
03/22/10  Senate: Bill text as passed Senate and House (SB46ER)  pdf | impact statement
04/11/10  Governor: Acts of Assembly Chapter text (CHAP0447)  pdf

Amendments:
Conference amendments

Status:
01/04/10  Senate: Prefiled and ordered printed; offered 01/13/10 10101457D
01/04/10  Senate: Referred to Committee on Education and Health
01/14/10  Senate: Assigned Education sub: Public Education
01/28/10  Senate: Rereferred from Education and Health (14-Y 0-N)
01/28/10  Senate: Rereferred to Courts of Justice
01/28/10  Senate: Assigned Courts sub: Civil
02/10/10  Senate: Reported from Courts of Justice with substitute (15-Y 0-N)
02/10/10  Senate: Committee substitute printed 10104604D-S1
02/10/10  Senate: Substitute bill reprinted 10104604D-S1
02/12/10  Senate: Constitutional reading dispensed (37-Y 0-N)
02/15/10  Senate: Read second time
02/15/10  Senate: Reading of substitute waived
02/15/10  Senate: Committee substitute agreed to 10104604D-S1
02/15/10  Senate: Engrossed by Senate - committee substitute SB46S1
02/15/10  Senate: Constitutional reading dispensed (39-Y 0-N)
02/15/10  Senate: Passed Senate (40-Y 0-N)
02/17/10  House: Placed on Calendar
02/17/10  House: Read first time
02/17/10  House: Referred to Committee for Courts of Justice
02/18/10  House: Assigned Courts sub: #2 Civil
02/24/10  House: Subcommittee recommends reporting with amendment(s) (11-Y 0-N)
02/26/10  House: Reported from Courts of Justice with substitute (19-Y 0-N)
02/26/10  House: Committee substitute printed 10105657D-H1
03/02/10  House: Read second time
03/03/10  House: Read third time
03/03/10  House: Committee substitute agreed to 10105657D-H1
03/03/10  House: Passed by for the day
03/04/10  House: Read third time
03/04/10  House: Engrossed by House - committee substitute SB46H1
03/04/10  House: Passed House with substitute BLOCK VOTE (100-Y 0-N)
03/04/10  House: VOTE: BLOCK VOTE PASSAGE (100-Y 0-N)
03/08/10  Senate: House substitute agreed to by Senate (37-Y 3-N)
03/08/10  Senate: Reconsideration of House substitute agreed to by Senate (40-Y 0-N)
03/08/10  Senate: Passed by for the day
03/09/10  Senate: Passed by for the day
03/10/10  Senate: House substitute rejected by Senate (18-Y 21-N)
03/10/10  Senate: Reconsideration of House substitute agreed to by Senate (40-Y 0-N)
03/10/10  Senate: Passed by temporarily
03/10/10  Senate: House substitute rejected by Senate (18-Y 22-N)
03/11/10  House: House insisted on substitute
03/11/10  House: House requested conference committee
03/11/10  Senate: Senate acceded to request (40-Y 0-N)
03/11/10  Senate: Conferees appointed by Senate
03/11/10  Senate: Senators: Petersen, Whipple, Stuart
03/11/10  House: Conferees appointed by House
03/11/10  House: Delegates: Athey, Loupassi, Hope
03/13/10  Senate: Conference substitute printed 10106082D-S2
03/13/10  House: Conference report agreed to by House (97-Y 0-N)
03/13/10  House: VOTE: --- ADOPTION (97-Y 0-N)
03/13/10  Senate: Conference report agreed to by Senate (38-Y 0-N)
03/22/10  Senate: Enrolled
03/22/10  Senate: Bill text as passed Senate and House (SB46ER)
03/22/10  House: Signed by Speaker
03/25/10  Senate: Signed by President
04/11/10  Governor: Approved by Governor-Chapter 447 (effective 7/1/10)
04/11/10  Governor: Acts of Assembly Chapter text (CHAP0447)