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HB 1669 gives too much power and authority to the commissioner to determine what is and is not a frivolous complaint. The penalty for a so-called frivolous complaint only adds to this problem; the determination of whether or not a complaint is frivolous needs to be adjudicated properly in order to ascertain all of the facts. This legislation could have a chilling effect on parents who have a rightful grievance but are afraid to make an appeal to the commissioner for fear of being saddled with legal fees they can not afford. For this reason, we oppose HB 1669.
After speaking with Representative Tracy King's office, we are willing to move to neutral on the bill so long as the amendment we are told they are submitting is adopted removing the language about "frivolous suits".