SF 244

as introduced - 91st Legislature (2019 - 2020) Posted on 01/17/2019 02:37pm

A bill for an act
relating to education; amending conciliation conference requirements; amending
Minnesota Statutes 2018, section 125A.091, subdivisions 3a, 7, 8.

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

Section 1.

Minnesota Statutes 2018, section 125A.091, subdivision 3a, is amended to read:

Subd. 3a.

Additional requirements for prior written notice.

In addition to federal law
requirements, a prior written notice shall:

(1) inform the parent that except for the initial placement of a child in special education,
the school district will proceed with its proposal for the child's placement or for providing
special education services unless the child's parent notifies the district of an objection within
14 days of when the district sends the prior written notice to the parent; and

(2) state that a parent who objects to a proposal or refusal in the prior written notice may
request a conciliation conference under subdivision 7 deleted text begin or deleted text end new text begin , new text end another alternative dispute resolution
procedure under subdivision 8 or 9 new text begin , or a meeting of the individualized education program
team new text end .

Sec. 2.

Minnesota Statutes 2018, section 125A.091, subdivision 7, is amended to read:

Subd. 7.

Conciliation conference.

A parent must have an opportunity to new text begin request a
meeting of the individualized education program team or new text end meet with appropriate district staff
in at least one conciliation conference if the parent objects to any proposal of which the
parent receives notice under subdivision 3a. A district must hold a conciliation conference
within ten calendar days from the date the district receives a parent's deleted text begin objection to a proposal
or refusal in the prior written notice deleted text end new text begin request for a conciliation conference new text end . Except as provided
in this section, all discussions held during a conciliation conference are confidential and
are not admissible in a due process hearing. Within five school days after the final conciliation
conference, the district must prepare and provide to the parent a conciliation conference
memorandum that describes the district's final proposed offer of service. This memorandum
is admissible in evidence in any subsequent proceeding.

Sec. 3.

Minnesota Statutes 2018, section 125A.091, subdivision 8, is amended to read:

Subd. 8.

Voluntary dispute resolution options.

deleted text begin In addition to offering at least one
conciliation conference, deleted text end A district must inform a parent of other dispute resolution processes,
including at least mediation and facilitated team meetings. The fact that an alternative dispute
resolution process was used is admissible in evidence at any subsequent proceeding.
State-provided mediators and team meeting facilitators shall not be subpoenaed to testify
at a due process hearing or civil action under federal special education law nor are any
records of mediators or state-provided team meeting facilitators accessible to the parties.