HF 4686

as introduced - 93rd Legislature (2023 - 2024) Posted on 03/07/2024 02:44pm

A bill for an act
relating to education; modifying the process to resolve a dispute through a mediator
or department complaint process; amending Minnesota Statutes 2022, section
125A.091, subdivisions 10, 12, 15, by adding a subdivision.

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

Section 1.

Minnesota Statutes 2022, section 125A.091, subdivision 10, is amended to
read:

Subd. 10.

Mediated agreements.

If the parties resolve all or a portion of the dispute,
or agree to use another procedure to resolve the dispute, the mediator shall ensure that the
resolution or agreement is in writing and signed by the parties and each party is given a
copy of the document. The written resolution or agreement shall state that all discussions
that occurred during mediation are confidential and may not be used as evidence in any
hearing or civil proceeding. The resolution or agreement is legally binding upon the parties
and is enforceable in the state or federal district court new text begin , or at a parent's written request, through
the Department of Education complaint process new text end . A party may request another mediation to
resolve a dispute over implementing the mediated agreement.

Sec. 2.

Minnesota Statutes 2022, section 125A.091, subdivision 12, is amended to read:

Subd. 12.

Impartial due process hearing.

A parent or a district is entitled to an impartial
due process hearing conducted by the state when a dispute arises over the identification,
evaluation, educational placement, manifestation determination, interim alternative
educational placement, or the provision of a free appropriate public education to a child
with a disability. deleted text begin The hearing must be held in the district responsible for ensuring that a free
appropriate public education is provided according to state and federal law. deleted text end The proceedings
must be recorded and preserved, at state expense, pending ultimate disposition of the action.
The parent and the district shall receive, at state expense, a copy of the hearing transcript
or recording and the hearing officer's findings of fact, conclusion of law, and decisions. new text begin An
impartial due process hearing may be filed and held in a district where a student is no longer
enrolled and shall not be barred based on the student's enrollment status if the remedies
sought are not moot.
new text end

Sec. 3.

Minnesota Statutes 2022, section 125A.091, subdivision 15, is amended to read:

Subd. 15.

Prehearing deleted text begin conference deleted text end new text begin conferences new text end .

A prehearing conference must be held
within five business days of the date the commissioner appoints the hearing officer. The
hearing officer must initiate the prehearing conference which may be conducted in person,
at a location within the district, or by telephone. The hearing officer must create a written
verbatim record of the prehearing conference which is available to either party upon request.
At the prehearing conference, the hearing officer must:

(1) identify the questions that must be answered to resolve the dispute and eliminate
claims and complaints that are without merit; new text begin and
new text end

new text begin (2) confirm whether the parties will hold a resolution session under subdivision 15a or
whether the parties will waive the resolution session.
new text end

new text begin If both parties waive the resolution session, the hearing officer must also:
new text end

deleted text begin (2) deleted text end new text begin (i) new text end set a scheduling order for the hearing and additional prehearing activities;

deleted text begin (3) deleted text end new text begin (ii) new text end determine if the hearing can be disposed of without an evidentiary hearing and,
if so, establish the schedule and procedure for doing so; and

deleted text begin (4) deleted text end new text begin (iii) new text end establish the management, control, and location of the hearing to ensure its fair,
efficient, and effective disposition.

new text begin If the parties plan to hold a resolution session, the parties must notify the hearing officer of
the results of the resolution session within two days following the resolution session. If the
matter has not been resolved, a second prehearing conference must be held within five days
of the notice to the hearing officer. At the second prehearing conference, the hearing officer
must address items (i) through (iii).
new text end

Sec. 4.

Minnesota Statutes 2022, section 125A.091, is amended by adding a subdivision
to read:

new text begin Subd. 15a. new text end

new text begin Resolution session. new text end

new text begin Prior to the opportunity for an impartial due process
hearing under subdivision 12, the district shall convene a resolution session with a parent
and relevant member or members of the individualized education program team who have
specific knowledge of the facts identified in the complaint. Unless the parent and the district
agree in writing to waive the resolution session, or agree to use the mediation process under
subdivision 9, the resolution session must:
new text end

new text begin (1) be held within 15 days of receiving notice of a request for an impartial due process
hearing;
new text end

new text begin (2) include a representative of the district who has decision making authority on behalf
of the agency;
new text end

new text begin (3) not include an attorney of the district unless the parent is accompanied by an attorney;
and
new text end

new text begin (4) allow the parent and the district to discuss the request for an impartial due process
hearing, to discuss the facts that form the basis of the request for an impartial due process
hearing, and to have the opportunity to resolve the request for an impartial due process
hearing.
new text end