CCS SCS HB 1683 -- PLACEMENTS OF SCHOOL AGE CHILDREN

This bill provides for an expedited due process hearing for
certain special education students.  A parent may challenge a
discipline placement to an interim alternative setting and may
challenge a manifestation determination in connection with
weapon or drug infractions or a student's dangerous behavior.
An educational agency may seek an alternative placement for a
dangerous or violent student under the expedited process.  A
hearing officer will render a decision within the federal and
state timelines.  The hearing officer must be a Missouri--
licensed attorney with knowledge or training about
disabilities.  The bill permits electronic findings of fact,
decision, and verbatim records at the parents' option, and
permits the expedited hearing procedure to bypass the five-day
discovery period for evidence.

The bill also contains new provisions that require a child to
stay in the interim alternative placement pending a proceeding
requested by parents in the situations described above unless
the time period for the placement expires first.  In the
instance of an educational agency's proposed change of placement
after an alternative placement arranged because of weapons,
drugs, or the child's endangerment of himself or others, the
child will stay in his current, pre-alternative placement.  The
educational agency may request an expedited hearing if the
agency believes the current placement is dangerous.

The bill creates a new requirement that a school official,
within 48 hours of enrolling a nonresident pupil, including a
special education pupil, placed in residential or foster care,
must request the records required by the district's policy for
student transfers and discipline records from other schools,
facilities, and certain state agencies.  Juvenile officers and
employees of the division of family services must notify a
school district that a child under judicial custody is being
enrolled no later than 5 days after enrollment or after the
court takes custody, describing any conduct that involves
physical force with intent to do serious bodily harm.
Superintendents and their designees may share this information
with teachers and others with a need to know, but the
information will not be part of the child's permanent record or
the sole basis for denying educational services.

The departments of Social Services, Mental Health, and
Elementary and Secondary Education must develop through
interagency agreement a common classification system for needs
assessment and services and standardized record forms.

HB 1683 -- ALTERNATIVE EDUCATION PLACEMENT HEARINGS (Fitzwater)

This bill provides for an expedited due process hearing so that
parents of a child receiving special education services may
challenge certain aspects of placements resulting from
disciplinary procedures.  A parent may challenge a discipline
placement to an interim alternative setting and may challenge a
manifestation determination in connection with weapon or drug
infractions or a student's dangerous behavior.  An educational
agency may seek an alternative placement for a dangerous or
violent student under the expedited process, where it must show
that there is substantial likelihood the student will injure
himself or others, that the agency has made reasonable efforts
to minimize that risk, and that the placement will continue to
provide access to the general education curriculum.  A hearing
officer will render a decision within the federal and state
timelines.  The hearing officer must be a Missouri-licensed
attorney with knowledge or training about disabilities.  The
bill permits electronic findings of fact, decision, and verbatim
records at the parents' option, and permits the expedited
hearing procedure to bypass the five-day discovery period for
evidence.

The bill also contains new provisions that require a child to
stay in the interim alternative placement pending a proceeding
requested by parents in the situations described above unless
the time period for the placement expires first.  In the
instance of an educational agency's proposed change of placement
after an alternative placement arranged because of weapons,
drugs, or the child's endangerment of himself or others, the
child will stay in his current, pre-alternative placement.  The
educational agency may request an expedited hearing if the
agency believes the current placement is dangerous.

FISCAL NOTE:  No impact on state funds.

HB 1683 -- ALTERNATIVE EDUCATION PLACEMENT HEARINGS

CO-SPONSORS:  Fitzwater, McClelland

COMMITTEE ACTION:  Voted "do pass by consent" by the Committee
on Education-Elementary and Secondary by a vote of 22 to 0.

This bill provides for an expedited due process hearing so that
parents of a child receiving special education services may
challenge certain aspects of placements resulting from
disciplinary procedures.  A parent may challenge a discipline
placement to an interim alternative setting and may challenge a
manifestation determination in connection with weapon or drug
infractions or a student's dangerous behavior.  An educational
agency may seek an alternative placement for a dangerous or
violent student under the expedited process, where it must show
that there is substantial likelihood the student will injure
himself or others, that the agency has made reasonable efforts
to minimize that risk, and that the placement will continue to
provide access to the general education curriculum.  A hearing
officer will render a decision within the federal and state
timelines.  The hearing officer must be a Missouri-licensed
attorney with knowledge or training about disabilities.  The
bill permits electronic findings of fact, decision, and verbatim
records at the parents' option, and permits the expedited
hearing procedure to bypass the five-day discovery period for
evidence.

The bill also contains new provisions that require a child to
stay in the interim alternative placement pending a proceeding
requested by parents in the situations described above unless
the time period for the placement expires first.  In the
instance of an educational agency's proposed change of placement
after an alternative placement arranged because of weapons,
drugs, or the child's endangerment of himself or others, the
child will stay in his current, pre-alternative placement.  The
educational agency may request an expedited hearing if the
agency believes the current placement is dangerous.

FISCAL NOTE:  No impact on state funds.

PROPONENTS:  Supporters say that changes last year to the
federal Individuals with Disabilities Education Acts require
states to have an expedited due process procedure.  Under the
expedited due process procedures, parents may challenge
disciplinary placements to alternative settings and
manifestation determinations related to weapons, drugs, or a
student's dangerous behavior; local school districts can seek a
45-day alternative placement for a dangerous or violent student.

Testifying for the bill were Representatives Fitzwater and
McClelland; and Department of Elementary and Secondary
Education, general counsel and special education division
counsel.

OPPONENTS:  There was no opposition voiced to the committee.

Becky DeNeve, Legislative Analyst

HB 1683 -- Alternative Education Placement Hearings

Co-Sponsors:  Fitzwater, McClelland

This bill provides for an expedited due process hearing so that
parents of a child receiving special education services may
challenge certain aspects of placements resulting from
disciplinary procedures.  A parent may challenge a discipline
placement to an interim alternative setting and may challenge a
manifestation determination in connection with weapon or drug
infractions or a student's dangerous behavior.  An educational
agency may seek an alternative placement for a dangerous or
violent student under the expedited process, where it must show
that there is substantial likelihood the student will injure
himself or others, that the agency has made reasonable efforts
to minimize that risk, and that the placement will continue to
provide access to the general education curriculum.  A hearing
officer will render a decision within the federal and state
timelines.  The hearing officer must be a Missouri-licensed
attorney with knowledge or training about disabilities.  The
bill permits electronic findings of fact, decision, and verbatim
records at the parents' option, and permits the expedited
hearing procedure to bypass the five-day discovery period for
evidence.

The bill also contains new provisions that require a child to
stay in the interim alternative placement pending a proceeding
requested by parents in the situations described above unless
the time period for the placement expires first.  In the
instance of an educational agency's proposed change of placement
after an alternative placement arranged because of weapons,
drugs, or the child's endangerment of himself or others, the
child will stay in his current, pre-alternative placement.  The
educational agency may request an expedited hearing if the
agency believes the current placement is dangerous.