SENATE BILL NO. 365

www.senate.mo.gov/15info/pdf-bill/intro/SB365.pdf



Everyone needs to get behind this bill.  Please consider going to Jefferson City on Wednesday and testifying for this bill.



1. At the request of a student's parent or legal guardian, a school district shall conduct an evaluation of such student to determine if an individualized education program is warranted at least once every twenty-four months. This provision shall not be construed to limit the school district from conducting an evaluation of such student to determine if an individualized education program is warranted more often than every twenty-four months



2. Unless otherwise specifically allowed by law, no legal counsel for a school district shall be permitted to be present during the  evaluation or any meetings concerning a student's individualized education program. Should a violation of this section occur, such attorney and any coworkers or fellow employees at such attorney's employer shall be prohibited from representing the school district or otherwise participating in any administrative or legal action concerning such student.



4. If a mediation is scheduled regarding the evaluation or an individualized education program of a student, any unjustified absence or lack of good faith to resolve the issue by the school district, as determined by the mediator, shall result in default judgment against the school district in any administrative or legal proceeding concerning such matter and an individualized education program shall be developed by a third party evaluator for such student at the school district's expense.



5. No school district shall retain any attorney or law firm for the purpose of providing counsel or litigating any administrative or legal proceeding concerning a school district's decision regarding the evaluation or an individualized education program of a student which employs or contracts with members of such school district's school board or its employees



6. No district shall maintain a policy that prohibits the parent or legal guardian of a student from recording any conversation or proceeding which they attend.




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