SS/HB 2023 - This act aspires to align the special education policy of the state with the provisions set forth in the federal Individuals with Disabilities Education Act. The definitions of "Handicapped Children" and "Special Educational Services" are altered by removing references to the maximization of such students' capacities and capabilities.

This act modifies the due process hearing rights for parents of a child with an individual education plan. Current law allows such parents to request an expedited hearing to contest the disciplinary placement of the child to a provisional alternative setting or to challenge a manifestation determination connected with a disciplinary action involving an interim placement for weapons, drugs, or if the child poses a danger to other students or to him/herself. An educational agency may also request such a hearing to seek placement of a violent or dangerous student.

The act substitutes the specific reasons for the disciplinary placement with language that permits a parent to request a hearing on any disciplinary change of placement. Further, the act revises the appeal procedure for the hearing panel decision, which currently permits appeals pursuant to the administrative procedures laws. Instead, the act 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; is made upon unlawful procedures; is arbitrary, capricious, or unreasonable; or involves an abuse of discretion.
DONALD THALHUBER