SF 2967

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

A bill for an act
relating to education; clarifying the burden of proof in special education due
process hearings; authorizing rulemaking; 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.

deleted text begin The burden of proof at a due process hearing is on the
deleted text end deleted text begin 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. If 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. deleted text end new text begin The burden of proof at a due
process hearing is on the party seeking relief to demonstrate by a preponderance of the
evidence that the requested relief is warranted.
new text end

new text begin 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

Sec. 2. new text begin DEPARTMENT OF EDUCATION; RULES.
new text end

new text begin Before July 1, 2007, the Department of Education must amend Minnesota Rules,
part 3525.3900, subpart 4, item F, to conform with section 1.
new text end

new text begin 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