1.1 	A bill for an act
1.2 	relating to education; placing the burden of proof at a due process hearing on 
1.3 	the party seeking relief;amending Minnesota Statutes 2004, section 125A.091, 
1.4 	subdivision 16.
1.5 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.6 	Section 1. Minnesota Statutes 2004, section 125A.091, subdivision 16, is amended to 
1.7 	read:
1.8 		Subd. 16.Burden of proof. The burden of proof at a due process hearing is 
1.9 	on the district to the party seeking relief. If the district requests the hearing, it must 
1.10 	 demonstrate, by a preponderance of the evidence, that it is complying with the law and 
1.11 	offered or provided a free appropriate public education to the child in the least restrictive 
1.12 	environment. If the district has not offered or provided a free appropriate public education 
1.13 	in the least restrictive environment and the parent wants the district to pay for a private 
1.14 	placement parent requests the hearing, the burden of proof is on the parent to demonstrate, 
1.15 	by a preponderance of the evidence, that the private placement child's individual education 
1.16 	plan  is not appropriate.

1.17 	EFFECTIVE DATE. This section is effective the day following final enactment 
1.18 	and applies to due process hearings held after that date.