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115.80
(1) (f) The party receiving a request for a hearing shall send to the party
13requesting the hearing a written response that addresses the issues raised in the
14hearing request within 10 days of receiving the request, except that the party
15receiving the request has 15 days in which to respond if the party notifies the hearing
16officer under par. (e) 2. that the request is insufficient.
SB529, s. 96
17Section
96. 115.80 (1) (g) of the statutes is created to read:
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115.80
(1) (g) A party filing a written request for a hearing under par. (a) may
19amend its request only if the other party consents in writing and is given the
20opportunity to resolve the issues presented by the request at a meeting under sub.
21(2m), or if the hearing officer grants permission at least 5 days before the hearing is
22scheduled to occur. The applicable timeline for resolution under sub. (2m) and for
23a hearing under sub. (6) recommences when the party files an amended request for
24a hearing. Nothing in this paragraph precludes a parent from filing a separate
25hearing request on an issue separate from the hearing request already filed.
SB529, s. 97
1Section
97. 115.80 (2) of the statutes is amended to read:
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115.80
(2) The division shall maintain a list of qualified hearing officers who
3are not employed by or under contract with the department or the local educational
4agency, other than being appointed under this subsection,
and who do not have a
5personal or professional interest that conflicts with the person's objectivity in the
6hearing, to serve as hearing officers in hearings under this section.
A hearing officer
7must possess knowledge of, and the ability to understand, state and federal special
8education laws, rules, and regulations, and legal interpretations by federal and state
9courts. A hearing officer also must possess the knowledge and ability to conduct
10hearings and render and write decisions in accordance with appropriate, standard
11legal practice. Upon receipt of a written request for a hearing under sub. (1), the
12division shall appoint a hearing officer from the list.
SB529, s. 98
13Section
98. 115.80 (2m) of the statutes is created to read:
SB529,29,2014
115.80
(2m) (a) Except as provided in par. (c), within 15 days of receiving a
15request for a hearing under sub. (1) (a) 1. and before the hearing is conducted, the
16local educational agency shall convene a meeting with the child's parents and the
17relevant members of the individualized education program team who have specific
18knowledge of the facts identified in the hearing request. At the meeting, the child's
19parents shall discuss the hearing request and the facts that form the basis of the
20request and the local educational agency may resolve the issues.
SB529,29,2421
(b) The meeting under par. (a) shall include a representative of the local
22educational agency who is authorized to make decisions on behalf of the agency. The
23meeting may not include an attorney of the local educational agency unless the
24child's parent is accompanied by an attorney.
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1(c) The parents and the local educational agency may agree in writing to waive
2the meeting under par. (a) or use mediation under s. 115.797.
SB529,30,83
(d) If the child's parents and the local educational agency resolve the subject
4matter of the hearing request at the meeting under par. (a), they shall execute and
5sign a legally binding agreement that is enforceable in the circuit court for the county
6in which the local educational agency is located, except that either the parent or the
7local educational agency may void the agreement within 3 business days of its
8execution.
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(e) If the local educational agency does not resolve the issues presented by the
10hearing request to the satisfaction of the child's parents within 30 days of receipt of
11the request, the hearing requested under sub. (1) (a) 1. may occur.
SB529, s. 99
12Section
99. 115.80 (4) of the statutes is amended to read:
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115.80
(4) At least 5 business days before a hearing is conducted under this
14section, other than an expedited hearing under
20 USC 1415 (k), each party shall
15disclose to all other parties all evaluations completed by that date and
16recommendations based on the offering party's evaluations that the party intends to
17use at the hearing. The hearing officer may bar any party that fails to comply with
18this subsection from introducing the relevant evaluation or recommendation at the
19hearing without the consent of the other party.
The party requesting the hearing
20may not raise issues at the hearing that were not raised in the notice filed under sub.
21(1) (a) unless the other party agrees.
SB529, s. 100
22Section
100. 115.80 (5) of the statutes is renumbered 115.80 (5) (a) and
23amended to read:
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115.80
(5) (a) A hearing officer may administer oaths and affirmations, issue
25subpoenas and enforce subpoenas under ss. 885.01 (4) and 885.12, regulate the
1course of the hearing and hold conferences for the settlement or simplification of the
2issues. The hearing officer is not bound by common law or statutory rules of evidence.
3The hearing officer shall admit all testimony having reasonable probative value, but
4shall exclude immaterial, irrelevant or unduly repetitious testimony. The hearing
5officer shall give effect to the rules of privilege recognized by law. A hearing officer
6has the authority to issue an order consistent with this subchapter and
20 USC 1415 7(k) and to order whatever remedy is reasonably necessary to bring the parties into
8compliance with this subchapter.
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9(b) The hearing officer's decision shall consist of findings of fact and conclusions
10of law and shall be based upon a preponderance of the evidence. The findings of fact
11shall be based solely upon the evidence received at the hearing.
The decision shall
12be made on substantive grounds based on a determination of whether the child has
13received a free appropriate public education.
SB529, s. 101
14Section
101. 115.80 (5) (c) of the statutes is created to read:
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115.80
(5) (c) In matters alleging a procedural violation, a hearing officer may
16find that a child did not receive a free appropriate public education only if the
17procedural inadequacies impeded the child's right to a free appropriate public
18education, significantly impeded the parents' opportunity to participate in the
19decision making process regarding the provision of a free appropriate public
20education to the child, or caused a deprivation of educational benefits. Nothing in
21this paragraph precludes a hearing officer from ordering a local educational agency
22to comply with procedural requirements.
SB529, s. 102
23Section
102. 115.80 (6) of the statutes is amended to read:
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115.80
(6) The hearing officer shall issue a decision within 45 days after
the
25receipt of the request for the hearing under sub. (1) the conclusion of the 30-day
1period specified in sub. (2m) (e). The hearing officer may order an independent
2educational evaluation of the child at local educational agency expense and grant
3specific extensions of time for cause at the request of either party. If the hearing
4officer grants an extension of time, he or she shall include that extension and the
5reason for the extension in the record of the proceedings. The local educational
6agency shall pay the cost of the hearing.
SB529, s. 103
7Section
103. 115.80 (9) of the statutes is repealed and recreated to read:
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115.80
(9) A circuit court may award reasonable attorney fees and actual costs
9in any action or proceeding brought in circuit court under this section as provided in
1020 USC 1415 (i) (3) (B) to (G).
SB529, s. 104
11Section
104. 115.81 (title) of the statutes is amended to read:
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12115.81 (title)
Children in child caring institutions residential care
13centers.
SB529, s. 105
14Section
105. 115.812 (1) of the statutes is amended to read:
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115.812
(1) Placement disputes. If a dispute arises between a local educational
16agency and the department of health and family services, the department of
17corrections or a county department under s. 46.215, 46.22 or 46.23, or between local
18educational agencies under s. 115.81 (4) (c), over the placement of a child, the state
19superintendent shall resolve the dispute. This subsection applies only to placements
20in nonresidential educational programs made under s. 48.57 (1) (c) and to placements
21in
child caring institutions residential care centers made under s. 115.81.
SB529,32,2523
(1) The treatment of sections 115.80 (1) (a) 1., (b), (d), (e), (f), and (g), (2), (2m),
24(4), (5), and (9) of the statutes first applies to requests for hearings filed on the
25effective date of this section.
SB529,33,22
(1) This act takes effect on July 1, 2006.