SS/SB 365 - This act requires a school district to conduct an initial evaluation of a student to determine if an individualized education program is warranted at least once every twenty-four months, if requested by the student's parent or legal guardian. This act permits legal counsel for a school district and legal counsel for a student's parent or legal guardian to be present during an initial evaluation or meeting concerning an IEP to the extent permitted by federal law.
A school district in an administrative or legal action concerning action regarding the initial evaluation or the student's IEP must justify its decision by proving that it is in compliance with the federal Individuals with Disabilities Education Act.
School districts are prohibited from retaining an attorney or law firm to provide counsel or litigate proceedings concerning a district's decision regarding the evaluation or IEP of a student that employs or contracts with members of the district's school board or its employees.
Each district must adopt a policy permitting the district and the parent or legal guardian of a student to record any conversation or proceeding they attend if notice of such recording is provided at least twenty-four hours in advance.
MICHAEL RUFF