HF 2123

as introduced - 81st Legislature (1999 - 2000) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to education; clarifying that representatives 
  1.3             of advocacy organizations may serve as lay advocates; 
  1.4             providing a one-time reimbursement for attending an 
  1.5             individual education plan meeting, a conciliation 
  1.6             conference or a mediation session; amending Minnesota 
  1.7             Statutes 1998, section 125A.09, subdivision 4. 
  1.8   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.9      Section 1.  Minnesota Statutes 1998, section 125A.09, 
  1.10  subdivision 4, is amended to read: 
  1.11     Subd. 4.  [DISPUTE RESOLUTION.] Parents and guardians must 
  1.12  have an opportunity to meet with appropriate district staff in 
  1.13  at least one conciliation conference, mediation, or other method 
  1.14  of alternative dispute resolution that the parties agree to, if 
  1.15  they object to any proposal of which they are notified under 
  1.16  subdivision 1.  The state intends to encourage parties to 
  1.17  resolve disputes through mediation or other form of alternative 
  1.18  dispute resolution.  A school district and a parent or guardian 
  1.19  must participate in mediation using mediation services 
  1.20  acceptable to both parties, unless a party objects to the 
  1.21  mediation.  Mediation shall remain available to the parties 
  1.22  until a party objects to the mediation, or the mediator 
  1.23  determines that further efforts to mediate a dispute are not 
  1.24  warranted.  All mediation is subject to the confidentiality 
  1.25  requirements under rule 114.08 of the general rules of practice 
  1.26  for the district courts.  Alternative dispute resolution must 
  2.1   not be used to deny or delay a parent or guardian's right to a 
  2.2   due process hearing.  If the parent or guardian refuses efforts 
  2.3   by the district to conciliate the dispute with the district, the 
  2.4   requirement of an opportunity for conciliation or other 
  2.5   alternative dispute resolution must be deemed to be satisfied.  
  2.6   Notwithstanding other law, in any proceeding following a 
  2.7   conciliation conference, the district must not offer a 
  2.8   conciliation conference memorandum into evidence, except for any 
  2.9   portions that describe the district's final proposed offer of 
  2.10  service.  Otherwise, with respect to forms of dispute 
  2.11  resolution, mediation, or conciliation, Minnesota Rule of 
  2.12  Evidence 408 applies.  The department may reimburse the 
  2.13  districts or directly pay the costs of lay advocates, including 
  2.14  persons representing organizations advocating on behalf of 
  2.15  children with disabilities but excluding licensed attorneys, not 
  2.16  to exceed $150 $250 per dispute, used in conjunction with 
  2.17  alternative dispute resolution if the lay advocate participates 
  2.18  in at least one individual education plan meeting, one 
  2.19  conciliation conference, or one mediation session. 
  2.20     Sec. 2.  [EFFECTIVE DATE.] 
  2.21     Section 1 is effective the day following final enactment.