HCS HB 276 -- SPECIAL EDUCATION PROCEDURES

SPONSOR:  Cunningham (86)

COMMITTEE ACTION:  Voted "do pass - federal mandate" by the
Committee on Elementary and Secondary Education by a vote of 15
to 0.

This substitute changes the laws regarding special education to
comply with the recent reauthorization of the federal Individuals
with Disabilities Education Act (IDEA).  Currently, challenges to
decisions about certain disciplinary placements require the child
to remain in the interim placement until the challenge is
resolved or the interim period elapses, whichever is earlier.
Parents and the school are permitted to reach an agreement that
does not follow this restriction.  Serious bodily injury is added
to the list of reasons for disciplinary action that may result in
an interim alternative setting, which parents may challenge.

Mediation must be offered to parents and the school before a
request for a hearing; currently, it is available after a hearing
is requested.  The substitute clarifies that mediation agreements
must be signed by the parties and specifies who may sign for the
school.  These agreements are legally binding and enforceable in
state and federal court.

Due process hearing requests and responses to requests must
conform to the IDEA.  The chair of the hearing panel or the
hearing officer may determine sufficiency and must implement the
process and procedures relating to sufficiency of notice.  The
school must call a preliminary meeting, referred to as a
resolution session, which must follow federal guidelines in its
procedures and for any resulting agreement.

FISCAL NOTE:  No impact on state funds in FY 2006, FY 2007, and
FY 2008.

PROPONENTS:  Supporters say that the reauthorization of the
Individuals with Disabilities Education Act in December 2004
requires the state special education plan, and its authorizing
statutes, to be revised to be in compliance with the new federal
law.  Missouri's federal aid for this program is conditioned on
making the changes.

Testifying for the bill were Representative Cunningham (86);
Department of Elementary and Secondary Education; Missouri
National Education Association; Missouri School Administrators
Coalition; and Missouri School Boards Association.

OPPONENTS:  There was no opposition voiced to the committee.

Becky DeNeve, Senior Legislative Analyst

Missouri House of Representatives
93rd General Assembly, 1st Regular Session
Last Updated August 25, 2005 at 1:18 pm