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HF 3490

as introduced - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

KEY: stricken = removed, old language.
underscored = added, new language.
Version List Authors and Status
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A bill for an act
 relating to education; placing the burden of proof at a due process hearing on
the party seeking relief; amending Minnesota Statutes 2004, section 125A.091,
subdivision 16.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2004, section 125A.091, subdivision 16, is amended to
read:


Subd. 16.

Burden of proof.

The burden of proof at a due process hearing is
on deleted text begin the district todeleted text end new text begin the party seeking relief. If the district requests the hearing, it must
new text end demonstrate, by a preponderance of the evidence, that it is complying with the law and
offered or provided a free appropriate public education to the child in the least restrictive
environment. If the deleted text begin district has not offered or provided a free appropriate public education
in the least restrictive environment and the parent wants the district to pay for a private
placementdeleted text end new text begin parent requests the hearingnew text end , the burden of proof is on the parent to demonstrate,
by a preponderance of the evidence, that the deleted text begin private placementdeleted text end new text begin child's individual education
plan new text end is new text begin not new text end appropriate.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment
and applies to due process hearings held after that date.
 new text end