SB 641 - Current law asserts that impediments to the learning and normal functioning of special education children in the regular school environment shall be overcome whenever practicable rather than by separate schooling for the disabled. This act deletes the aforementioned provision and inserts language which asserts that special classes, separate schooling, or other removal of children with disabilities from the regular educational environment shall occur only when the nature or severity of the disability of a child is such that education in regular classes with the use of supplementary aids and services cannot be achieved satisfactorily.

Further, the act alters provisions regarding judicial review of special education due process hearings by deleting the current provisions and inserting provisions which state that the court shall: receive the records of the administration proceedings; hear additional evidence at the request of a party; and grant the relief that the court determines to be appropriate, basing its decision on the preponderance of the evidence. Appeals may be taken from the judgment of the court as in other civil cases. Judicial review of the hearing panel's decision may be instituted by filing a petition in a court of competent jurisdiction within sixty days after the mailing or delivery of the notice of the agency's final decision. Except when provided otherwise, the provisions of the Administrative Procedure and Review chapter (Chapter 536, RSMo) are applicable to special education due process hearings and appeals.
DONALD THALHUBER