HB 289 -- SPECIAL EDUCATION DUE PROCESS

SPONSOR:  Wallace

COMMITTEE ACTION:  Voted "do pass by consent" by the Committee on
Elementary and Secondary Education by a vote of 14 to 0.

Currently, a special education due process hearing requires a
five-business-day notice for the introduction of evidence unless
it is an expedited hearing.  This bill removes the exception for
expedited hearings and makes the five-day notice applicable to
all special education due process hearings.

Currently, if a resolution session or preliminary meeting to
discuss a special education placement reaches a settlement, the
written settlement agreement will be implemented.  The bill
clarifies that the designee of the responsible public agency must
sign the agreement and that the agency, usually the local school
district, must identify a designee who has the authority to bind
the agency.

FISCAL NOTE:  No impact on state funds in FY 2010, FY 2011, and
FY 2012.

PROPONENTS:  Supporters say that the bill will bring Missouri
into compliance with the federal Individuals with Disabilities
Education Act.

Testifying for the bill were Representative Wallace; Department
of Elementary and Secondary Education; Missouri School Boards'
Association; and Cooperating School Districts of Greater Kansas
City.

OPPONENTS:  There was no opposition voiced to the committee.

Missouri House of Representatives
95th General Assembly, 1st Regular Session
Last Updated November 17, 2009 at 9:24 am