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SB 365 - This act requires a school district to conduct an 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 prohibits a school district's legal counsel from being present during the evaluation or any meetings concerning a student's IEP. If the district violates this prohibition, the legal counsel and any of his or her coworkers or fellow employees will be prohibited from representing the school district in any action concerning the student. A school district in an administrative or legal action concerning action regarding the 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. If a mediation is scheduled, any unjustified absence or lack of good faith to resolve the issue by the district, as determined by the mediator, will result in a default judgment against the district. A third party evaluator will develop an IEP for the student at the district's expense. 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. Districts are prohibited from maintaining a policy prohibiting the parent or legal guardian of a student from recording any conversation or proceeding they attend. MICHAEL RUFF
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