Sec. 8. (a) For purposes of this section, "conflict of interest" is defined as being a member of the governing body for, an agent of, or otherwise having a personal pecuniary interest in a facility, school, service, or product sought as a remedy in the lawsuit or administrative proceeding identified in this section. A personal pecuniary interest does not include a family relationship other than a spouse or dependent being a member of the governing body or an agent of a facility, school, service, or product sought as a remedy in the lawsuit or administrative proceeding identified in this section.
(b) An advocate (other than an attorney) for an individual or entity who initiates a lawsuit or administrative proceeding against a public school or a nonpublic school is prohibited from representing the individual or entity without first disclosing in writing to the:
(1) advocate's client; and
(2) court, administrative law judge, or hearing officer;
any conflict of interest described in subsection (a) the advocate (other than an attorney) has in representing the individual or entity.
(c) The written disclosure required in subsection (b) is required to be provided only once in any lawsuit or proceeding, even if there are successive tiers to the appellate or administrative process.
(d) Failure to comply with the requirement of this section shall result in the violating advocate (other than an attorney) paying not less than five percent (5%) of attorney's fees, court costs, and other reasonable expenses of litigation incurred by the public or nonpublic school.
As added by P.L.287-2019, SEC.17.
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