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SENATE DOCKET, NO. 901 FILED ON: 1/17/2013 SENATE . . . . . . . . . . . . . . No. 233
The Commonwealth of Massachusetts _________________ PRESENTED BY: James B. Eldridge _______________ To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General The undersigned legislators and/or citizens respectfully petition for the passage of the accompanying: An Act promoting equal opportunities for students with disabilities. _______________ PETITION OF:
SENATE DOCKET, NO. 901 FILED ON: 1/17/2013 SENATE . . . . . . . . . . . . . . No. 233
[SIMILAR MATTER FILED IN PREVIOUS SESSION
An Act promoting equal opportunities for students with disabilities. Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows: SECTION 1. Section 3 of chapter 71B of the General Laws, as appearing in the 2010 Official Edition, is hereby amended in the twelfth paragraph by inserting after the third sentence the following sentence:- The school committee shall have the burden of proof in any proceeding conducted pursuant to this section. SECTION 2. Said section 3 of said chapter 71B of the General Laws, as so appearing, is hereby further amended by inserting after the twelfth paragraph the following paragraph:- Parents, guardians, or persons with custody of a student 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 related costs as a prevailing party if they achieve a favorable result in defense of the school committee’s action or 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, 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. |