HB 2023 -- SPECIAL EDUCATION RESOLUTION CONFERENCES

SPONSOR:  Franklin

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

Currently, a parent of a child with an individual education plan
may request an expedited hearing to challenge the disciplinary
placement of the child in an interim alternative setting or to
challenge a manifestation determination connected with an interim
placement for weapons, drugs, or dangerous behavior.  An
education agency may also request such a hearing to seek
placement of a violent student.  This bill replaces the specific
reasons for the disciplinary placement with language that permits
a parent to request a hearing on any disciplinary change of
placement.  The bill also revises the appeal procedure for the
hearing panel decision, which currently permits appeals pursuant
to the administrative procedures statute.  Instead, the bill
specifies that a court will hear the case without a jury upon the
record filed as the resolution conference statutes provide and
limits the court's review to a determination of whether the
agency's action violates the constitution, was made upon unlawful
procedures, is arbitrary or unsupported by the evidence, or
involves an abuse of discretion.

FISCAL NOTE:  No impact on state funds.

PROPONENTS:  Supporters say that after the revision of the
federal Individuals with Disabilities Education Act (IDEA) a few
years ago, it became necessary to align the state statutes with
the changed federal requirements.  Missouri schools get
approximately $109 million in federal funding from the IDEA.

Testifying for the bill were Representative Franklin; and
Department of Elementary and Secondary Education.

OPPONENTS:  There was no opposition voiced to the committee.

Becky DeNeve, Senior Legislative Analyst

Missouri House of Representatives
Last Updated October 11, 2002 at 9:03 am