DE HB365

Allows parents who successfully challenge denials of special education services to recover reasonable fees for expert witnesses and costs of diagnostic tests or evaluations needed to prepare their cases.

Requires school districts and charter schools to report annually to the Department of Education the amounts awarded under this provision and the funding sources used.

Prohibits using funds designated for direct provision of education or services to children to pay these awards.

Applies retroactively to any action or proceeding not yet finally adjudicated as of the law's effective date.

Addresses the 2006 U.S. Supreme Court decision in Arlington Central School District v. Murphy that prevented federal law from allowing such cost recovery, establishing state-level authority to permit reimbursement.