HB0578 Fitzwater, Rodger

C O M M I T T E E

HB 578 -- SPECIAL EDUCATION APPEALS PROCESS

SPONSOR: Fitzwater

COMMITTEE ACTION: Voted "do pass" by the Committee on Elementary and Secondary Education by a vote of 15 to 7.

This bill changes the appeals process for determination of special education placements, diagnoses, and services. The bill replaces the 3 member hearing panel that currently receives any appeals unresolved by a resolution conference, with a due process hearing by the State Board of Education.

The State Administrative Hearing Commission will serve as the hearing officer of the state board in matters not covered by applicable federal law. The bill specifies particular rights of parties to due process hearings and requires the commission to render a decision within 45 days of the initial request for a hearing.

FISCAL NOTE: Cost to General Revenue of $18,540 in FY 96, $19,560 in FY 97, & $20,147 in FY 98.

PROPONENTS: Supporters say that this bill is necessary to put Missouri into compliance with federal law. The bill empowers the Administrative Hearing Commission to rule on the 5 to 7 special education appeals cases brought each year.

Testifying for the bill were Representative Fitzwater; and Department of Elementary and Secondary Education.

OPPONENTS: There was no opposition voiced to the committee.

Brian K. Long, Research Analyst