Amendment SSA1-SB529

SB529-SSA1, s. 96 Section 96. 115.80 (1) (g) of the statutes is created to read:

SB529-SSA1,27,8 115.80 (1) (g) A party filing a written request for a hearing under par. (a) may amend its request only if the other party consents in writing and is given the opportunity to resolve the issues presented by the request at a meeting under sub. (2m), or if the hearing officer grants permission at least 5 days before the hearing is scheduled to occur. The applicable timeline for resolution under sub. (2m) and for a hearing under sub. (6) recommences when the party files an amended request for a hearing. Nothing in this paragraph precludes a parent from filing a separate hearing request on an issue separate from the hearing request already filed.

SB529-SSA1, s. 97 Section 97. 115.80 (2) of the statutes is amended to read:

SB529-SSA1,27,20 115.80 (2) The division shall maintain a list of qualified hearing officers who are not employed by or under contract with the department or the local educational agency, other than being appointed under this subsection, and who do not have a personal or professional interest that conflicts with the person's objectivity in the hearing, to serve as hearing officers in hearings under this section. A hearing officer must possess knowledge of, and the ability to understand, state and federal special education laws, rules, and regulations, and legal interpretations by federal and state courts. A hearing officer also must possess the knowledge and ability to conduct hearings and render and write decisions in accordance with appropriate, standard legal practice. Upon receipt of a written request for a hearing under sub. (1), the division shall appoint a hearing officer from the list.

SB529-SSA1, s. 98 Section 98. 115.80 (2m) of the statutes is created to read:

SB529-SSA1,28,3 115.80 (2m) (a) Except as provided in par. (c), within 15 days of receiving a request for a hearing under sub. (1) (a) 1. and before the hearing is conducted, the local educational agency shall convene a meeting with the child's parents and the relevant members of the individualized education program team who have specific knowledge of the facts identified in the hearing request. At the meeting, the child's parents shall discuss the hearing request and the facts that form the basis of the request and the local educational agency may resolve the issues.

SB529-SSA1,28,7 (b) The meeting under par. (a) shall include a representative of the local educational agency who is authorized to make decisions on behalf of the agency. The meeting may not include an attorney of the local educational agency unless the child's parent is accompanied by an attorney.

SB529-SSA1,28,9 (c) The parents and the local educational agency may agree in writing to waive the meeting under par. (a) or use mediation under s. 115.797.

SB529-SSA1,28,15 (d) If the child's parents and the local educational agency resolve the subject matter of the hearing request at the meeting under par. (a), they shall execute and sign a legally binding agreement that is enforceable in the circuit court for the county in which the local educational agency is located, except that either the parent or the local educational agency may void the agreement within 3 business days of its execution.

SB529-SSA1,28,18 (e) If the local educational agency does not resolve the issues presented by the hearing request to the satisfaction of the child's parents within 30 days of receipt of the request, the hearing requested under sub. (1) (a) 1. may occur.

SB529-SSA1, s. 99 Section 99. 115.80 (4) of the statutes is amended to read:

SB529-SSA1,29,3 115.80 (4) At least 5 business days before a hearing is conducted under this section, other than an expedited hearing under 20 USC 1415 (k), each party shall disclose to all other parties all evaluations completed by that date and recommendations based on the offering party's evaluations that the party intends to use at the hearing. The hearing officer may bar any party that fails to comply with this subsection from introducing the relevant evaluation or recommendation at the hearing without the consent of the other party. The party requesting the hearing may not raise issues at the hearing that were not raised in the notice filed under sub. (1) (a) unless the other party agrees.

SB529-SSA1, s. 100 Section 100. 115.80 (5) of the statutes is renumbered 115.80 (5) (a) and amended to read:

SB529-SSA1,29,15 115.80 (5) (a) A hearing officer may administer oaths and affirmations, issue subpoenas and enforce subpoenas under ss. 885.01 (4) and 885.12, regulate the course of the hearing and hold conferences for the settlement or simplification of the issues. The hearing officer is not bound by common law or statutory rules of evidence. The hearing officer shall admit all testimony having reasonable probative value, but shall exclude immaterial, irrelevant or unduly repetitious testimony. The hearing officer shall give effect to the rules of privilege recognized by law. A hearing officer has the authority to issue an order consistent with this subchapter and 20 USC 1415 (k) and to order whatever remedy is reasonably necessary to bring the parties into compliance with this subchapter.

SB529-SSA1,29,20 (b) The hearing officer's decision shall consist of findings of fact and conclusions of law and shall be based upon a preponderance of the evidence. The findings of fact shall be based solely upon the evidence received at the hearing. The decision shall be made on substantive grounds based on a determination of whether the child has received a free appropriate public education.

SB529-SSA1, s. 101 Section 101. 115.80 (5) (c) of the statutes is created to read:

SB529-SSA1,30,4 115.80 (5) (c) In matters alleging a procedural violation, a hearing officer may find that a child did not receive a free appropriate public education only if the procedural inadequacies impeded the child's right to a free appropriate public education, significantly impeded the parents' opportunity to participate in the decision-making process regarding the provision of a free appropriate public education to the child, or caused a deprivation of educational benefits. Nothing in this paragraph precludes a hearing officer from ordering a local educational agency to comply with procedural requirements.

SB529-SSA1, s. 102 Section 102. 115.80 (6) of the statutes is amended to read:

SB529-SSA1,30,13 115.80 (6) The hearing officer shall issue a decision within 45 days after the receipt of the request for the hearing under sub. (1) the conclusion of the 30-day period specified in sub. (2m) (e). The hearing officer may order an independent educational evaluation of the child at local educational agency expense and grant specific extensions of time for cause at the request of either party. If the hearing officer grants an extension of time, he or she shall include that extension and the reason for the extension in the record of the proceedings. The local educational agency shall pay the cost of the hearing.

SB529-SSA1, s. 103 Section 103. 115.80 (9) of the statutes is repealed and recreated to read:

SB529-SSA1,30,17 115.80 (9) A circuit court may award reasonable attorney fees and actual costs in any action or proceeding brought in circuit court under this section as provided in 20 USC 1415 (i) (3) (B) to (G).

SB529-SSA1, s. 104 Section 104. 115.81 (title) of the statutes is amended to read:

SB529-SSA1,30,20 115.81 (title) Children in child caring institutions residential care centers.

SB529-SSA1, s. 105 Section 105. 115.812 (1) of the statutes is amended to read:

SB529-SSA1,31,3 115.812 (1) Placement disputes. If a dispute arises between a local educational agency and the department of health and family services, the department of corrections or a county department under s. 46.215, 46.22 or 46.23, or between local educational agencies under s. 115.81 (4) (c), over the placement of a child, the state superintendent shall resolve the dispute. This subsection applies only to placements in nonresidential educational programs made under s. 48.57 (1) (c) and to placements in child caring institutions residential care centers made under s. 115.81.

SB529-SSA1, s. 106 Section 106. 118.51 (12) (a) of the statutes is amended to read:

SB529-SSA1,31,16 118.51 (12) (a) Unavailable after enrollment. If the individualized education program for a pupil, developed or revised under s. 115.787 after a child begins attending public school in a nonresident school district under this section, requires special education or related services that are not available in the nonresident school district or if there is no space available to provide the special education or related services identified in the child's individualized education program, including any class size limits, pupil-teacher ratios or enrollment projections established by the nonresident school board, the nonresident school board may notify the child's parent and the child's resident school board that the special education or related service is not available in the nonresident school district. If such notice is provided, the child shall be transferred to his or her resident school district, which shall provide an educational placement for the child under s. 115.79 (2) (1) (b).

SB529-SSA1, s. 107 Section 107. 118.51 (12) (b) 2. of the statutes is amended to read:

SB529-SSA1,32,6 118.51 (12) (b) 2. If the costs of the special education or related services required in an individualized education program for a pupil, developed or revised under s. 115.787 after a child begins attending public school in a nonresident school district under this section, as implemented or proposed to be implemented by the nonresident school district, would impose upon the child's resident school district an undue financial burden in light of the resident school district's total economic circumstances, including its revenue limit under subch. VII of ch. 121, its ability to pay tuition costs for the pupil and the per pupil special education or related services costs for children with disabilities continuing to be served by the resident school district, the child's resident school board may notify the pupil's parent and the nonresident school board that the costs of the special education or related services impose such an undue financial burden on the resident school district. If such notice is provided, the child shall be transferred to his or her resident school district, which shall provide an educational placement for the child under s. 115.79 (2) (1) (b).

SB529-SSA1, s. 108 Section 108. Initial applicability.

SB529-SSA1,32,10 (1) The treatment of sections 115.80 (1) (a) 1., (b), (d), (e), (f), and (g), (2), (2m), (4), (5), and (9) of the statutes first applies to requests for hearings filed on the effective date of this subsection.

SB529-SSA1, s. 109 Section 109. Effective date.

SB529-SSA1,32,12 (1) This act takes effect on July 1, 2006.

SB529-SSA1,32,13 (End)