HCS HB 1876 & 1877 -- SPECIAL EDUCATION DUE PROCESS

SPONSOR:  Cunningham (86)

COMMITTEE ACTION:  Voted "do pass by consent" by the Committee on
Elementary and Secondary Education by a vote of 12 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 substitute 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 substitute
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 2009, FY 2010, and
FY 2011.

PROPONENTS:  Supporters say that both bills are needed as a
result of changes to the federal Individuals with Disabilities
Education Act to bring state law into compliance.

Testifying for the bill were Representative Cunningham (86); and
Department of Elementary and Secondary Education.

OPPONENTS:  There was no opposition voiced to the committee.

Missouri House of Representatives
94th General Assembly, 2nd Regular Session
Last Updated October 15, 2008 at 3:11 pm