SF 1935

as introduced - 86th Legislature (2009 - 2010) Posted on 02/09/2010 02:24am

A bill for an act
relating to education; adjusting the burden of proof in special education due
process hearings; amending Minnesota Statutes 2008, section 125A.091,
subdivision 16.

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

Section 1.

Minnesota Statutes 2008, section 125A.091, subdivision 16, is amended to
read:

Subd. 16.

Burden of proof.

deleted text begin The burden of proof at a due process hearing is
on the district to 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. deleted text end new text begin (a) If a party challenges an individualized education
plan, the burden of proof at a due process hearing is on that party to demonstrate, by a
preponderance of the evidence, that the individualized education plan is invalid.
new text end

new text begin (b) If a parent brings a claim that the school district did not offer or provide a free
appropriate public education to the child in the least restrictive environment, the burden of
proof at a due process hearing is on the parent to demonstrate, by a preponderance of the
evidence, that the district has not offered or provided a free appropriate public education
in the least restrictive environment.
new text end

new text begin (c) new text end If new text begin a hearing officer determines that new text end the 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 placement, the burden of proof is on the parent to demonstrate,
by a preponderance of the evidence, that the private placement is appropriate.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 2. new text begin RULEMAKING.
new text end

new text begin The commissioner of education must adopt rules under Minnesota Statutes, section
14.389, consistent with the requirements of Minnesota Statutes, section 125A.091. After
rules authorized under this section are initially adopted, the commissioner shall not amend
or repeal these rules or adopt new rules on the same topic without specific legislative
authorization. These rules must be adopted and implemented no later than December
1, 2009.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end