HB197 Alabama 2025 Session

Summary

Primary Sponsor

David FaulknerRepresentative

Republican

Session

2025 Regular Session

Title

Children with disabilities; provides certain procedures to attempt to remedy an allegation of a violation of the Individuals with Disabilities Education Act before an impartial due process hearing may be requested

Summary

HB197 would require IDEA violation allegations to go through a state notification and voluntary mediation process before an impartial due process hearing, and it sets attorney fee rules and rulemaking requirements.

What This Bill Does

If passed, a person alleging an IDEA violation must file a signed complaint with the State Department of Education and share it with the local school district before requesting a due process hearing. The Department would review the complaint, may conduct an investigation, and must offer voluntary mediation at no cost to the parties. If mediation resolves the issue, the parties sign a binding agreement; if not, the Department may initiate an impartial due process hearing. The bill also creates how attorney fees and related costs are handled, requires the State Board of Education to adopt implementing rules, and applies to the 2026-2027 school year, with an effective date of October 1, 2025.

Who It Affects

• Parents or legal guardians of children with disabilities — must file a signed complaint with the Department and participate in notification and mediation before a hearing.
• Local boards of education and school districts — must respond to complaints, participate in investigations and mediation, and implement mediation programs; they could be subject to independent investigations and final determinations.

Key Provisions

• Pre-hearing notification requirement: allegations must be filed with the State Department of Education before requesting an impartial due process hearing.
• Mediation requirement: the Department must offer voluntary mediation at no cost and may conduct investigations or on-site visits if needed; local boards must adopt mediation policies.
• Confidential and binding mediation: discussions during mediation are confidential, and any mediation agreement is binding and enforceable.
• Attorney fees and rulemaking: the bill outlines how attorney fees may be awarded or limited and requires the State Board of Education to adopt implementing rules; the act becomes effective Oct. 1, 2025 and applies to the 2026-2027 school year.

AI-generated summary using openai/gpt-5-nano on Feb 22, 2026. May contain errors — refer to the official bill text for accuracy.

Subjects

Education