SF 3392

as introduced - 86th Legislature (2009 - 2010) Posted on 04/28/2010 02:06pm

A bill for an act
relating to education; establishing a special education administrative complaint
review process; proposing coding for new law in Minnesota Statutes, chapter
125A.

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

Section 1.

new text begin [125A.101] SPECIAL EDUCATION COMPLAINT APPEALS PANEL.
new text end

new text begin Subdivision 1. new text end

new text begin Establishment. new text end

new text begin A Special Education Complaint Appeals Panel is
established to provide timely review of department decisions on administrative special
education complaints.
new text end

new text begin Subd. 2. new text end

new text begin Membership. new text end

new text begin (a) The Special Education Complaint Appeals Panel
consists of five members. The appeals panel consists of the following:
new text end

new text begin (1) one representative from the Minnesota Administrators for Special Education;
new text end

new text begin (2) one representative from the Minnesota School Boards Association;
new text end

new text begin (3) one representative from the Minnesota Association of School Administrators;
new text end

new text begin (4) one parent advocate from PACER Center; and
new text end

new text begin (5) one representative from the Minnesota Disability Law Center.
new text end

new text begin (b) The commissioner of education or a representative must serve as an ex-officio,
nonvoting member and convene all meetings of the appeals panel. The panel must meet as
frequently as necessary to carry out its duties. Appeals panel members must not receive
compensation or reimbursement for expenses for service on the appeals panel.
new text end

new text begin Subd. 3. new text end

new text begin Duties; appeals. new text end

new text begin If a party to an administrative complaint regarding
alleged violations of special education law with the department disagrees with the decision
issued by the department, the final complaint decision may be reviewed by the state special
education appeals panel. A party to an administrative complaint that disagrees with the
department's decision must file a written request for review by the panel within 15 days of
the department's decision. The written request must be in the form and manner required by
the appeals panel. The panel may uphold, modify, or overturn the department's decision.
The panel has 15 days to review the department's decision and to issue a written decision.
A party to an administrative complaint that was reviewed by the appeals panel can appeal
to the Minnesota Court of Appeals within 60 days of receiving the appeals panel decision.
new text end

Sec. 2.

new text begin [125A.102] ADMINISTRATIVE COMPLAINT DECISIONS.
new text end

new text begin The department must provide school districts and charter schools serving special
education students with an electronic copy of administrative complaint decisions made
by the department or the appeals panel under section 125A.101, subdivision 3. The
department must allow school districts and charter schools serving special education
students at least 14 days to make adjustments to their program to comply with new
interpretations of existing federal law or regulation contained in administrative complaint
decisions. The new interpretation of existing federal law or regulation must not be applied
retroactively to special education programs.
new text end