HB 655 -- SPECIAL EDUCATION

CO-SPONSORS:  Wilson (130), Schlottach, Wallace, Bough, Wilson
(119)

COMMITTEE ACTION:  Voted "do pass federal mandate" by the
Committee on Education by a vote of 20 to 0.

This bill deletes the current requirement that students receiving
special education services must be accommodated when possible by
special aids and services rather than separate classes and
restates it to require that separate schooling be used only when
education in regular classes with aids and services cannot be
achieved satisfactorily.  The bill also revises the procedure for
review of hearing panel decisions, requiring the court to receive
the administrative record, hear additional evidence if requested,
and rule on the preponderance of the evidence, and provides for a
60-day period in which judicial review may be petitioned.  The
bill permits appeals of the court's decision and makes the
provisions of the administrative procedure chapter applicable to
special education due process hearings and appeals.

FISCAL NOTE:  No impact on state funds.

PROPONENTS:  Supporters say that the U. S. Department of
Education has required changes to two aspects of special
education in order to bring Missouri into compliance with federal
law.  The state's Individuals with Disabilities Education Act
grant of approximately $140 million is conditioned upon these
changes.

Testifying for the bill were Representative Wilson (130);
Department of Elementary and Secondary Education; Missouri
National Educational Association; and Missouri State Teachers
Association.

OPPONENTS:  There was no opposition voiced to the committee.

Becky DeNeve, Senior Legislative Analyst

Missouri House of Representatives
Last Updated July 25, 2003 at 10:12 am