1.1 	A bill for an act
1.2 	relating to education; modifying the alternative dispute resolution process 
1.3 	and due process hearing guidelines for children with disabilities; amending 
1.4 	Minnesota Statutes 2008, sections 125A.091, subdivisions 6, 8, 9, 10, 13, 14, 15, 
1.5 	18, 20, 22, 23; 125A.43; 125A.46; repealing Minnesota Statutes 2008, section 
1.6 	125A.091, subdivision 19.
1.7 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.8 	Section 1. Minnesota Statutes 2008, section 125A.091, subdivision 6, is amended to 
1.9 	read:
1.10 		Subd. 6.Dispute resolution processes; generally. Parties are encouraged to 
1.11 	resolve disputes over the identification, evaluation, educational placement, manifestation 
1.12 	determination, interim alternative educational placement, or the provision of a free 
1.13 	appropriate public education to a child with a disability through conciliation, mediation,
1.14 	facilitated team meetings, or other alternative process. All dispute resolution options are 
1.15 	voluntary on the part of the parent and must not be used to deny or delay the right to a 
1.16 	due process hearing. All dispute resolution processes under this section are provided 
1.17 	at no cost to the parent.

1.18 	EFFECTIVE DATE. This section is effective the day following final enactment.

1.19 	Sec. 2. Minnesota Statutes 2008, section 125A.091, subdivision 8, is amended to read:
1.20 		Subd. 8.Voluntary dispute resolution options. In addition to offering at least 
1.21 	one conciliation conference, a district must inform a parent of other dispute resolution 
1.22 	processes, including at least mediation and facilitated team meetings. The fact that 
1.23 	an alternative dispute resolution process was used is admissible in evidence at any 
1.24 	subsequent proceeding. State-provided mediators and team meeting facilitators shall not 
2.1 	be subpoenaed to testify at a due process hearing or civil action under federal special 
2.2 	education law nor are any records of mediators or state-provided team meeting facilitators 
2.3 	accessible to the parties.

2.4 	EFFECTIVE DATE. This section is effective the day following final enactment.

2.5 	Sec. 3. Minnesota Statutes 2008, section 125A.091, subdivision 9, is amended to read:
2.6 		Subd. 9.Mediation. Mediation is a dispute resolution process that involves a 
2.7 	neutral party provided by the state to assist a parent and a district in resolving disputes over 
2.8 	the identification, evaluation, educational placement, manifestation determination, interim 
2.9 	alternative educational placement, or the provision of a free appropriate public education 
2.10 	to a child with a disability. A mediation process is available as an informal alternative 
2.11 	to a due process hearing but must not be used to deny or postpone the opportunity of a 
2.12 	parent or district to obtain a due process hearing. Mediation is voluntarymandatory for all 
2.13 	parties. All mediation discussions are confidential and inadmissible in evidence in any 
2.14 	subsequent proceeding, unless the:
2.15 	(1) parties expressly agree otherwise;
2.16 	(2) evidence is otherwise available; or
2.17 	(3) evidence is offered to prove bias or prejudice of a witness.

2.18 	EFFECTIVE DATE. This section is effective the day following final enactment.

2.19 	Sec. 4. Minnesota Statutes 2008, section 125A.091, subdivision 10, is amended to read:
2.20 		Subd. 10.Mediated agreements. Mediated agreements are not admissible unless 
2.21 	the parties agree otherwise or a party to the agreement believes the agreement is not being 
2.22 	implemented, in which case the aggrieved party may enter the agreement into evidence at 
2.23 	a due process hearing. The parties may request another mediation to resolve a dispute over 
2.24 	implementing the mediated agreement. After a due process hearing is requested, a party 
2.25 	may request mediation and the commissioner must provide a mediator who conducts a 
2.26 	mediation session no later than the third tenth business day after the mediation due process 
2.27 	hearing request is made to the commissioner.

2.28 	EFFECTIVE DATE. This section is effective the day following final enactment.

2.29 	Sec. 5. Minnesota Statutes 2008, section 125A.091, subdivision 13, is amended to read:
2.30 		Subd. 13.Hearing officer qualifications. The commissioner must appoint an 
2.31 	individual who is qualified under this subdivision to serve as a hearing officer. The 
2.32 	hearing officer must:
3.1 	(1) be knowledgeable and impartial;
3.2 	(2) have no personal interest in or specific involvement with the student who is a 
3.3 	party to the hearing;
3.4 	(3) not have been employed as an administrator by the district that is a party to 
3.5 	the hearing;
3.6 	(4) not have been involved in selecting the district administrator who is a party 
3.7 	to the hearing;
3.8 	(5) have no personal, economic, or professional interest in the outcome of the 
3.9 	hearing other than properly administering federal and state laws, rules, and policies;
3.10 	(6) have no substantial involvement in developing state or local policies or 
3.11 	procedures challenged in the hearing;
3.12 	(7) not be a current or former employee or board member of a Minnesota public 
3.13 	school district, education district, intermediate unit or regional education agency, or the 
3.14 	department if the department is the service provider; and
3.15 	(8) not be a current or former employee or board member of a disability advocacy 
3.16 	organization or group.

3.17 	EFFECTIVE DATE. This section is effective the day following final enactment.

3.18 	Sec. 6. Minnesota Statutes 2008, section 125A.091, subdivision 14, is amended to read:
3.19 		Subd. 14.Request for hearing. A request for a due process hearing must:
3.20 	(1) be in writing;
3.21 	(2) describe the nature of the dispute about providing special education services to 
3.22 	the student including facts relating to the dispute; and
3.23 	(3) state, to the extent known, the relief sought.
3.24 	Any school district administrator receiving a request for a due process hearing must 
3.25 	immediatelyhas ten business days to forward the request to the commissioner. Within 
3.26 	two ten business days of receiving a request for a due process hearing, the commissioner 
3.27 	must appoint a hearing officer initiate mediation, in writing, with the Office of Dispute 
3.28 	Resolution. If the parties do not reach a mediated agreement within ten days of completion 
3.29 	of the mediation, the commissioner must appoint a hearing officer. The commissioner 
3.30 	must not deny a request for hearing because the request is incomplete. A party may 
3.31 	disqualify a hearing officer or mediator only by affirmatively showing prejudice or bias 
3.32 	to the commissioner or to the chief administrative law judge if the hearing officer or 
3.33 	mediator is an administrative law judge. If a party affirmatively shows prejudice against 
3.34 	a hearing officer or mediator, the commissioner must assign another hearing officer or 
3.35 	mediator to hear the matter.

4.1 	EFFECTIVE DATE. This section is effective the day following final enactment.

4.2 	Sec. 7. Minnesota Statutes 2008, section 125A.091, subdivision 15, is amended to read:
4.3 		Subd. 15.Prehearing conference. A prehearing conference must be held within 
4.4 	five fifteen  business days of the date the commissioner appoints the hearing officer. The 
4.5 	hearing officer must initiate the prehearing conference which may must be conducted in 
4.6 	person, at a location within the district, or by telephone. The hearing officer must create a 
4.7 	written verbatim record of the prehearing conference which is available to either party 
4.8 	upon request. At the prehearing conference, the hearing officer must:
4.9 	(1) identify the questions that must be answered to resolve the dispute and eliminate 
4.10 	claims and complaints that are without merit;
4.11 	(2) set a scheduling order for the hearing and additional prehearing activities;
4.12 	(3) determine if the hearing can be disposed of without an evidentiary hearing and, if 
4.13 	so, establish the schedule and procedure for doing so; and schedule an evidentiary hearing; 
4.14 	(4) establish the management, control, and location of the hearing to ensure its fair, 
4.15 	efficient, and effective disposition.; and 
4.16 	(5) order an independent educational evaluation of the child at the department's 
4.17 	expense.

4.18 	EFFECTIVE DATE. This section is effective the day following final enactment.

4.19 	Sec. 8. Minnesota Statutes 2008, section 125A.091, subdivision 18, is amended to read:
4.20 		Subd. 18.Hearing officer authority. (a) A hearing officer must may not  limit 
4.21 	an impartial due process hearing to the time sufficient for each party has to present 
4.22 	its complete case.
4.23 	(b) A hearing officer must establish and maintain control and manage the hearing. 
4.24 	This authority includes, but is not limited to:
4.25 	(1) requiring attorneys representing parties at the hearing, after notice and an 
4.26 	opportunity to be heard, to pay court reporting and hearing officer costs, or fines payable 
4.27 	to the state, for failing to: (i) obey scheduling or prehearing orders, (ii) appear, (iii) be 
4.28 	prepared, or (iv) participate in the hearing process in good faith;
4.29 	(2) administering oaths and affirmations;
4.30 	(3) issuing subpoenas;
4.31 	(4) determining the responsible and providing districts and joining those districts, if 
4.32 	not already notified, in the proceedings; and
5.1 	(5) making decisions involving identification, evaluation, educational placement, 
5.2 	manifestation determination, interim alternative educational placement, or the provision of 
5.3 	a free appropriate public education to a child with a disability; and.
5.4 	(6) ordering an independent educational evaluation of a child at district expense.

5.5 	EFFECTIVE DATE. This section is effective the day following final enactment.

5.6 	Sec. 9. Minnesota Statutes 2008, section 125A.091, subdivision 20, is amended to read:
5.7 		Subd. 20.Hearing officer's decision; time period. (a) The hearing officer 
5.8 	must issue a decision within 45 90 calendar days of completion of the date on which 
5.9 	the commissioner receives the request for a due process hearing. A hearing officer is 
5.10 	encouraged to accelerate the time line to 30 days for a child under the age of three whose 
5.11 	needs change rapidly and who requires quick resolution of a dispute. A hearing officer 
5.12 	may not extend the time beyond the 45-day 90-day period unless requested by either party 
5.13 	for good cause shown on the record provided the hearing officer submits, in writing to the 
5.14 	commissioner, the reasons for the delay. Extensions of time must not exceed a total of 
5.15 	30 60 calendar days unless both parties and the hearing officer agree or time is needed 
5.16 	to complete an independent educational evaluation. Good cause includes, but is not 
5.17 	limited to, the time required for mediation or other settlement discussions, independent 
5.18 	educational evaluation, complexity and volume of issues, or finding or changing counsel.
5.19 	(b) The hearing officer's decision must:
5.20 	(1) be in writing;
5.21 	(2) state the controlling and material facts upon which the decision is made in order 
5.22 	to apprise the reader of the basis and reason for the decision; and
5.23 	(3) be based on local standards, state statute, the rules of the commissioner, and 
5.24 	federal law.

5.25 	EFFECTIVE DATE. This section is effective the day following final enactment.

5.26 	Sec. 10. Minnesota Statutes 2008, section 125A.091, subdivision 22, is amended to 
5.27 	read:
5.28 		Subd. 22.Child's educational placement during due process hearing. (a) Until a 
5.29 	due process hearing under this section is completed or the district and the parent agree 
5.30 	otherwise, the child must remain in the child's current educational placement and must 
5.31 	not be denied initial admission to school.
5.32 	(b) Until an expedited due process hearing challenging an interim alternative 
5.33 	educational placement is completed, the child must remain in the interim alternative 
6.1 	educational setting until the decision of the hearing officer or the expiration of the 45 days 
6.2 	permitted for an interim alternative educational setting, whichever occurs first, unless the 
6.3 	parent and district agree otherwise.

6.4 	EFFECTIVE DATE. This section is effective the day following final enactment.

6.5 	Sec. 11. Minnesota Statutes 2008, section 125A.091, subdivision 23, is amended to 
6.6 	read:
6.7 		Subd. 23.Implementation of hearing officer order. (a) That portion of a hearing 
6.8 	officer's decision granting relief requested by the parent must not be implemented upon 
6.9 	issuance until the time to request judicial review under subdivision 24 expires or, if 
6.10 	judicial review is requested, at the time the Minnesota Court of Appeals or the federal 
6.11 	district court issues its decision, whichever is later.
6.12 	(b) Except as provided under paragraph (a) or the district and parent agree otherwise, 
6.13 	following a hearing officer's decision granting relief requested by the district, the child 
6.14 	must remain in the current educational placement until the time to request judicial review 
6.15 	under subdivision 24 expires or, if judicial review is requested, at the time the Minnesota 
6.16 	Court of Appeals or the federal district court issues its decision, whichever is later.

6.17 	EFFECTIVE DATE. This section is effective the day following final enactment.

6.18 	Sec. 12. Minnesota Statutes 2008, section 125A.43, is amended to read:
6.19 	125A.43 MEDIATION PROCEDURE.
6.20 	(a) The commissioner, or the commissioner's designee, of the state lead agency 
6.21 	must use federal department funds to provide mediation for the activities in paragraphs 
6.22 	(b) and (c).
6.23 	(b) A parent may must attempt to resolve a dispute regarding issues in section 
6.24 	125A.42, paragraph (b), clause (5), through mediation. If the parent chooses mediation, 
6.25 	mediation must be voluntary on the part of the parties. The parent and the public agencies 
6.26 	must complete the mediation process within 30 60 calendar days of the date the Office of 
6.27 	Dispute Resolution receives a parent's the commissioner's written request for mediation. 
6.28 	The mediation process may not be used to delay a parent's right to a due process hearing.
6.29 	The resolution of the mediation is not binding on any party.  
6.30 	(c) Resolution of a dispute through mediation, or other form of alternative dispute 
6.31 	resolution, is not limited to formal disputes arising from the objection of a parent or 
6.32 	guardian and is not limited to the period following a request for a due process hearing.
7.1 	(d) The commissioner shall provide training and resources to school districts to 
7.2 	facilitate early identification of disputes and access to mediation.
7.3 	(e) The local primary agency may request mediation on behalf of involved agencies 
7.4 	when there are disputes between agencies regarding responsibilities to coordinate, provide, 
7.5 	pay for, or facilitate payment for early intervention services.

7.6 	EFFECTIVE DATE. This section is effective the day following final enactment.

7.7 	Sec. 13. Minnesota Statutes 2008, section 125A.46, is amended to read:
7.8 	125A.46 DUE PROCESS HEARINGS.
7.9 	The procedures for due process hearings and appeals must be the same as those in 
7.10 	section 125A.091. The responsibility for payment of costs and conducting due process 
7.11 	hearings and appeals shall be allocated to the appropriate agency in accordance with 
7.12 	sections 125A.30, 125A.39, and 125A.42 Department of Education.  

7.13 	EFFECTIVE DATE. This section is effective the day following final enactment.

7.14 	Sec. 14. RULEMAKING.
 7.15 	The commissioner of education must adopt rules under Minnesota Statutes, section 
7.16 	14.389, consistent with the requirements of Minnesota Statutes, sections 125A.091, 
7.17 	125A.43, and 125A.46. After the rules authorized under this section are initially adopted, 
7.18 	the commissioner shall not amend or repeal these rules nor adopt new rules on the 
7.19 	same topic without specific legislative authorization. These rules must be adopted and 
7.20 	implemented no later than December 1, 2009.

7.21 	Sec. 15.  REPEALER.
 7.22 	Minnesota Statutes 2008, section 125A.091, subdivision 19, is repealed.

7.23 	EFFECTIVE DATE. This section is effective the day following final enactment.