HB197 Summary

• Requires complainants to file a signed written complaint with the State Department of Education and notify the local school board before requesting an impartial IDEA due process hearing, with complaints limited to violations occurring within one year.

• Mandates local boards of education respond in writing within 10 days to explain allegations and describe resolution efforts, with the department conducting independent investigation and on-site visits if issues remain unresolved.

• Requires the State Department of Education to offer free voluntary mediation to both parties to resolve allegations, with mediation discussions confidential and non-admissible in subsequent proceedings.

• Permits due process hearing requests only after complaint and mediation procedures fail, or if the school board fails to properly implement a signed mediation agreement within a reasonable timeframe.

• Establishes attorney fee provisions allowing prevailing parents to recover fees and restricting attorney fee awards to school boards against frivolous complaints, with fees based on community rates and subject to reduction for various circumstances.

• Applies beginning with the 2026-2027 school year and becomes effective October 1, 2025.