Special education program for children with disabilities; recovery of attorney fees. (SB46)

Introduced By

Sen. Richard Stuart (R-Westmoreland)

Progress

Introduced
Passed Committee
Passed House
Passed Senate
Signed by Governor
Became Law

Description

Special education program for children with disabilities; recovery of attorney fees.  Authorizes a court to award reasonable attorney fees and costs 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. Read the Bill »

Outcome

Bill Has Passed

History

DateAction
01/04/2010Prefiled and ordered printed; offered 01/13/10 10101457D
01/04/2010Referred to Committee on Education and Health
01/14/2010Assigned Education sub: Public Education
01/20/2010Impact statement from DPB (SB46)
01/28/2010Rereferred from Education and Health (14-Y 0-N) (see vote tally)
01/28/2010Rereferred to Courts of Justice
01/28/2010Assigned Courts sub: Civil
02/10/2010Reported from Courts of Justice with substitute (15-Y 0-N) (see vote tally)
02/10/2010Committee substitute printed 10104604D-S1
02/10/2010Substitute bill reprinted 10104604D-S1
02/12/2010Constitutional reading dispensed (37-Y 0-N) (see vote tally)
02/15/2010Read second time
02/15/2010Reading of substitute waived
02/15/2010Committee substitute agreed to 10104604D-S1
02/15/2010Engrossed by Senate - committee substitute SB46S1
02/15/2010Constitutional reading dispensed (39-Y 0-N) (see vote tally)
02/15/2010Passed Senate (40-Y 0-N) (see vote tally)
02/17/2010Placed on Calendar
02/17/2010Read first time
02/17/2010Referred to Committee for Courts of Justice
02/18/2010Assigned Courts sub: #2 Civil
02/21/2010Impact statement from DPB (SB46S1)
02/24/2010Subcommittee recommends reporting with amendment(s) (11-Y 0-N)
02/26/2010Reported from Courts of Justice with substitute (19-Y 0-N) (see vote tally)
02/26/2010Committee substitute printed 10105657D-H1
03/02/2010Impact statement from DPB (SB46H1)
03/02/2010Read second time
03/03/2010Read third time
03/03/2010Committee substitute agreed to 10105657D-H1
03/03/2010Passed by for the day
03/04/2010Read third time
03/04/2010Engrossed by House - committee substitute SB46H1
03/04/2010Passed House with substitute BLOCK VOTE (100-Y 0-N)
03/04/2010VOTE: BLOCK VOTE PASSAGE (100-Y 0-N) (see vote tally)
03/08/2010House substitute agreed to by Senate (37-Y 3-N) (see vote tally)
03/08/2010Reconsideration of House substitute agreed to by Senate (40-Y 0-N) (see vote tally)
03/08/2010Passed by for the day
03/09/2010Passed by for the day
03/10/2010House substitute rejected by Senate (18-Y 21-N) (see vote tally)
03/10/2010Reconsideration of House substitute agreed to by Senate (40-Y 0-N) (see vote tally)
03/10/2010Passed by temporarily
03/10/2010House substitute rejected by Senate (18-Y 22-N) (see vote tally)
03/11/2010House insisted on substitute
03/11/2010House requested conference committee
03/11/2010Senate acceded to request (40-Y 0-N) (see vote tally)
03/11/2010Conferees appointed by Senate
03/11/2010Senators: Petersen, Whipple, Stuart
03/11/2010Conferees appointed by House
03/11/2010Delegates: Athey, Loupassi, Hope
03/13/2010Conference substitute printed 10106082D-S2
03/13/2010Conference report agreed to by House (97-Y 0-N)
03/13/2010VOTE: --- ADOPTION (97-Y 0-N) (see vote tally)
03/13/2010Conference report agreed to by Senate (38-Y 0-N) (see vote tally)
03/22/2010Enrolled
03/22/2010Bill text as passed Senate and House (SB46ER)
03/22/2010Impact statement from DPB (SB46ER)
03/22/2010Signed by Speaker
03/25/2010Signed by President
04/11/2010G Approved by Governor-Chapter 447 (effective 7/1/10)
04/11/2010G Acts of Assembly Chapter text (CHAP0447)

Video

This bill was discussed on the floor of the General Assembly. Below is all of the video that we have of that discussion, 6 clips in all, totaling 17 minutes.

Comments

Jack F., tracking this bill in Photosynthesis, notes:

This is an excellent bill, equalizing the field for parents wthout means.

Susan Lawrence writes:

I agree with Jack F. I just won a pro se due process hearing for my son, but know he would have been better served by an SPED attorney. Schools have the unlimited pockets of the tax payers to fund payment for attorneys, parents should at least have the possibility or recouping attorney fees when they win in court. Our county spent many times more money fighting than they would have spent mediating and settling.