HCS/HB 276 - This act alters 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 act 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.
DONALD THALHUBER