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146th General Assembly
House Bill # 365

Primary Sponsor: Q. Johnson Additional Sponsor(s):    Rep. Heffernan & Rep. Schooley & Sen. McDowell
CoSponsors: Reps. Jaques, Keeley, Kowalko, Lavelle, Longhurst, Mitchell, Osienski, B. Short, M. Smith, Walker; Sens. Cloutier, Sokola, Sorenson
Introduced on : 06/05/2012
Long Title:AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO EDUCATION AND EXCEPTIONAL CHILDREN.
Synopsis:This Act allows parents and guardians who successfully challenge the denial of services to their children with special needs to recover the costs of expert witnesses that they needed to hire to advocate for their children. Prior to 2006, many courts held parents were entitled to recover such costs under the IDEA, but a divided U.S. Supreme Court reversed the holdings. Arlington Cent. Sch. Dist. Bd. of Educ. v. Murphy, 548 U.S. 291 (2006). Since that time, many families have been unable to pursue appeals for their children due to the prohibitive cost of retaining expert witnesses, resulting in many children receiving special education services that their parents and treating medical professionals believe to be inadequate. Only parents and guardians who prevailed in their appeals of service denials would be entitled to recover the costs of their experts.
Current Status: Signed   On   08/09/2012
Volume Chapter78:393
Date Governor acted:08/09/2012
Full text of Legislation:
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Full text of Legislation:
(in MS Word format)
Legis.Docx   (Microsoft Word is required to view this document.)

Fiscal Notes/Fee Impact:F/N (Complete)
Committee Reports:
House Committee Report 06/06/12 F=0 M=11 U=0---->Committee Report
Senate Committee report 06/20/12 F=3 M=3 U=0----->Committee Report
Voting Reports:
House vote: () Passed 6/7/2012 5:22:20 PM------->Voting Record
Senate vote: () Passed 6/26/2012 5:17:44 PM------->Voting Record
Fiscal Notes:
Actions History:
Aug 09, 2012 - Signed by Governor
Jun 26, 2012 - Passed by Senate. Votes: Passed 20 YES 0 NO 0 NOT VOTING 1 ABSENT 0 VACANT
Jun 20, 2012 - Reported Out of Committee (EDUCATION) in Senate with 3 Favorable, 3 On Its Merits
Jun 13, 2012 - Assigned to Education Committee in Senate
Jun 07, 2012 - Passed by House of Representatives. Votes: Passed 39 YES 0 NO 0 NOT VOTING 2 ABSENT 0 VACANT
Jun 06, 2012 - Reported Out of Committee (EDUCATION) in House with 11 On Its Merits
Jun 05, 2012 - Introduced and Assigned to Education Committee in House
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