HB2606: Special education due process hearings; dismissal of certain vexatious and repetitive complaints.

Legislative Summary

Students with disabilities; due process hearings; certain complaints; study. Permits (i) a special education due process hearing officer, upon determination that a due process hearing complaint filed pursuant to applicable law contains substantively the same issues as a previously adjudicated due process hearing complaint and evidences a clear pattern of initiating vexatious and repetitive litigation, to dismiss the complaint and (ii) any party aggrieved by such a dismissal to bring a civil action pursuant to applicable law. The bill provides that none of the bill's provisions shall be construed to require the dismissal of any complaint or any portion thereof that alleges a new claim of noncompliance within the subject matter jurisdiction of the due process hearing officer under applicable law and regulations. The bill also directs the Virginia Commission on Youth to study and make recommendations on the provisions of the bill as a part of its ongoing study of the Commonwealth's special education dispute resolution system required pursuant to applicable law. The bill has an expiration date of July 1, 2027.