SCS HCS HB 1376 & 1501 -- SPECIAL EDUCATION

This bill creates a mediation process as a means of conflict
resolution between school districts and parents of students
needing, or recommended by the school district to need, special
education.  Mediation may be used as an alternative to the
informal resolution conference and the due process hearing.  Use
of mediation will be mutually agreed upon by both parties unless
federal law provides otherwise.

The Department of Elementary and Secondary Education (DESE) will
provide an impartial mediator upon request at no cost to either
the parents or the school district.  The mediator will be
mutually agreeable to both the parents and the school district.
The mediator will be selected from a list maintained by DESE and
will meet training, impartiality, and assessment requirements
pursuant to regulations promulgated by DESE.  The mediator's
role will be to assist the parties in reaching a mutually
acceptable voluntary and consensual agreement in the best
interests of the child; the mediator will make no decisions.

School districts may not use mediation to deny or delay the
parents' right to a due process hearing.  Mediation may be
terminated by either party at any time.  Any mediation agreement
must be completed within 30 days of the decision to mediate.  No
attorney may attend a mediation session or participate on behalf
of any party, although the parent may be accompanied by a lay
advocate.  No statements made by either party during mediation
will be offered or used as evidence in any hearing, review of
hearing decision, or civil action.

This bill also makes changes in the due process hearing
procedure.  Within 15 days of the request by either party, the
State Board of Education, instead of the school district as
current law dictates, will empower a three-member hearing
panel.  The member of the panel that each party selects must be
selected within 10 days of the receipt by DESE of the request
for a due process hearing.  After 10 days have elapsed, DESE
will choose the panel member.  The chairperson of the panel will
be appointed by the state board and must be a licensed attorney;
current law has the chairperson mutually agreed upon by both
parties.

The hearing panel must forward its written decision to each
party within 45 days of the receipt of the request for a due
process hearing.  The legal rights of the parties as
participants in the hearing are expanded.  The parents have the
right to open the hearing to the public and to allow the child
who is the subject of the hearing to be present.

Any due process proceeding or resulting mediation will be
processed under the law in effect at the time the request was
initiated.

HCS HB 1376 & 1501 -- SPECIAL EDUCATION (Fitzwater)

This substitute creates a mediation process as a means of
conflict resolution between school districts and parents of
students needing, or recommended by the school district to need,
special education.  The parents and school district may attempt
to resolve their differences through mediation following an
informal resolution conference and prior to a due process
hearing.

The Department of Elementary and Secondary Education (DESE) will
provide an impartial mediator upon request at no cost to either
the parents or the school district (costs will be paid by the
State Board of Education).  Both the mediation process and the
mediator will be mutually agreeable to the parents and the
school district.  The mediator will be selected from a list
maintained by DESE and will meet training, impartiality, and
assessment requirements pursuant to state regulations.  The
mediator's role will be to assist the parties in reaching a
mutually acceptable voluntary and consensual agreement in the
best interests of the child; the mediator will make no decisions.

School districts may not use mediation to deny or delay the
parents' right to a due process hearing.  Mediation may be
terminated by either party at any time.  Any mediation agreement
must be completed within 30 days of the decision to mediate.  No
statements made by either party during mediation will be offered
or used as evidence in any hearing, review of hearing decision,
or civil action.

This substitute also makes changes in the due process hearing
procedure.  Upon request by either party, the State Board of
Education, instead of the school district as current law
dictates, will empower a three-member hearing panel.  The member
of the panel that each party selects must be selected within 10
days of the receipt by DESE of the request for a due process
hearing.  After 10 days, DESE will choose the panel member.  The
chairperson of the panel will be appointed by the state board
and must be a licensed attorney; current law has the chairperson
mutually agreed upon by both parties.  Current law requiring the
state board to appoint legal counsel to serve an advisory role
to the counsel is repealed.

The hearing panel must forward its written decision to each
party within 45 days of the receipt of the request for a due
process hearing.  The legal rights of the parties as
participants in the hearing are expanded.  The parents have the
right to have the child who is the subject of the hearing be
present and to open the hearing to the public.

FISCAL NOTE:  Cost to General Revenue Fund of $76,400 in FY 97,
FY 98 & FY 99.

HCS HB 1376 & 1501 -- SPECIAL EDUCATION

Co-Sponsors:  Morgan (Fitzwater)

COMMITTEE ACTION:  Voted "do pass" by the Committee on Education
Elementary and Secondary by a vote of 23 to 0.

This substitute creates a mediation process as a means of
conflict resolution between school districts and parents of
students needing, or recommended by the school district to need,
special education.  The parents and school district may attempt
to resolve their differences through mediation following an
informal resolution conference and prior to a due process
hearing.

The Department of Elementary and Secondary Education (DESE) will
provide an impartial mediator upon request at no cost to either
the parents or the school district (costs will be paid by the
State Board of Education).  Both the mediation process and the
mediator will be mutually agreeable to the parents and the
school district.  The mediator will be selected from a list
maintained by DESE and will meet training, impartiality, and
assessment requirements pursuant to state regulations.  The
mediator's role will be to assist the parties in reaching a
mutually acceptable voluntary and consensual agreement in the
best interests of the child; the mediator will make no decisions.

School districts may not use mediation to deny or delay the
parents' right to a due process hearing.  Mediation may be
terminated by either party at any time.  Any mediation agreement
must be completed within 30 days of the decision to mediate.  No
statements made by either party during mediation will be offered
or used as evidence in any hearing, review of hearing decision,
or civil action.

This substitute also makes changes in the due process hearing
procedure.  Upon request by either party, the State Board of
Education, instead of the school district as current law
dictates, will empower a three-member hearing panel.  The member
of the panel that each party selects must be selected within 10
days of the receipt by DESE of the request for a due process
hearing.  After 10 days, DESE will choose the panel member.  The
chairperson of the panel will be appointed by the state board
and must be a licensed attorney; current law has the chairperson
mutually agreed upon by both parties.  Current law requiring the
state board to appoint legal counsel to serve an advisory role
to the counsel is repealed.

The hearing panel must forward its written decision to each
party within 45 days of the receipt of the request for a due
process hearing.  The legal rights of the parties as
participants in the hearing are expanded.  The parents have the
right to have the child who is the subject of the hearing be
present and to open the hearing to the public.

FISCAL NOTE:  Cost to General Revenue Fund of $76,400 in FY 97,
FY 98 & FY 99.

PROPONENTS: Supporters say that much of this legislation will
put Missouri in compliance with federal law.  Allowing for
mediation between parents and districts in regards to special
education is a good way to work out differences without
resorting to the adversarial nature of due process hearings.
Other states have had success with mediation:  in California,
85% of the cases are settled through mediation at 11-13% of the
cost of a due process hearing.  Money could be saved for the
state by avoiding due process hearings.

Testifying for the bill were Representatives Fitzwater,
McClelland, and Pryor; DESE; Missouri Planning Council for
Developmental Disabilities; Gerard Fowler, a mediator; and Jim
Thomeczek, an attorney who represents school districts in due
process hearings.

OPPONENTS:  There was no opposition voiced to the committee.

Brian Cook, Research Analyst

HB 1376 -- Special Education

Co-Sponsors:  McClelland, Pryor

This bill creates a mediation process as a means of conflict
resolution between school districts and parents of students
needing, or recommended by the school district to need, special
education.  The parents and school district may attempt to
resolve their differences through mediation following an
informal resolution conference and prior to a due process
hearing.

The Department of Elementary and Secondary Education will
provide an impartial mediator upon request at no cost to either
the parents or the school district (costs will be paid by the
State Board of Education).  The mediator will be mutually
agreeable to both the parents and the school district and must
be accredited by a nationally recognized mediation
organization.  The mediator's role will be to assist the parties
in reaching a mutually acceptable voluntary and consensual
agreement in the best interests of the child; the mediator will
make no decisions.

School districts may not use mediation to deny or delay the
parents' right to a due process hearing.  Mediation may be
terminated by the parent at any time and may be terminated by
the school district at any time following the first mediation
session.  Any mediation agreement must be completed within 30
days of the decision to mediate.  No statements made by either
party during mediation will be offered or used as evidence in
any hearing, review of hearing decision, or civil action.

This bill also makes changes in the due process hearing
procedure.  Upon request by either party, the State Board of
Education will empower a three-member hearing panel, instead of
the school district as current law dictates.  The chairperson of
the panel must be a licensed attorney selected by the state
board; current law has the chairperson mutually agreed upon by
both parties.  Current law requiring the state board to appoint
legal counsel to serve an advisory role to the counsel is
repealed.

The legal rights of the parents as participants in the hearing
are expanded.  The parents have the right to have the child who
is the subject of the hearing be present and to open the hearing
to the public.