1.1 	A bill for an act
1.2 	relating to education; clarifying the burden of proof in special education due 
1.3 	process hearings; authorizing rulemaking;amending Minnesota Statutes 2004, 
1.4 	section 125A.091, 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 on the~~ 
1.9 	~~district to demonstrate, by a preponderance of the evidence, that it is complying with the~~ 
1.10 	~~law and offered or provided a free appropriate public education to the child in the least~~ 
1.11 	~~restrictive environment. If the district has not offered or provided a free appropriate public~~ 
1.12 	~~education in the least restrictive environment and the parent wants the district to pay for a~~ 
1.13 	~~private placement, the burden of proof is on the parent to demonstrate, by a preponderance~~ 
1.14 	~~of the evidence, that the private placement is appropriate.~~ The burden of proof at a due 
1.15 	process hearing is on the party seeking relief to demonstrate by a preponderance of the 
1.16 	evidence that the requested relief is warranted.

1.17 	EFFECTIVE DATE. This section is effective the day following final enactment.

1.18 	Sec. 2. DEPARTMENT OF EDUCATION; RULES.
 1.19 	Before July 1, 2007, the Department of Education must amend Minnesota Rules, 
1.20 	part 3525.3900, subpart 4, item F, to conform with section 1.

1.21 	EFFECTIVE DATE. This section is effective the day following final enactment.