Bill Text: OR HB2296 | 2011 | Regular Session | Introduced
Bill Title: Relating to special education hearings.
Sponsorship: Unknown
Status: (Failed) 2011-06-30 - In committee upon adjournment. [HB2296 Detail]
Download: Oregon-2011-HB2296-Introduced.html
76th OREGON LEGISLATIVE ASSEMBLY--2011 Regular Session
NOTE: Matter within { + braces and plus signs + } in an
amended section is new. Matter within { - braces and minus
signs - } is existing law to be omitted. New sections are within
{ + braces and plus signs + } .
LC 1638
House Bill 2296
Ordered printed by the Speaker pursuant to House Rule 12.00A (5).
Presession filed (at the request of House Interim Committee on
Education)
SUMMARY
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.
Places on school district burden of proof related to school
district's determination for child who may require or does
require special education and related services.
Places on parent burden of proof related to parent's request
for tuition reimbursement for certain special education and
related services provided to child by private entity.
A BILL FOR AN ACT
Relating to special education hearings; creating new provisions;
and amending ORS 343.165.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 343.165 is amended to read:
343.165. (1) A hearing shall be conducted pursuant to rules of
the State Board of Education if:
(a) { - The - } { + A + } parent { + of a child + }
requests a hearing to contest the determination of the school
district concerning the identification, evaluation,
individualized education program, educational placement or the
provision of a free appropriate public education to the child; or
(b) { - The - } { + A + } school district requests a
hearing to obtain a decision regarding whether its
identification, evaluation, individualized education program or
educational placement of the child is appropriate or whether the
district's proposed action is necessary to provide the child with
a free appropriate public education.
(2) Notwithstanding subsection (1)(b) of this section, a school
district may not request a hearing if a parent refuses or revokes
consent for placement in a program providing special education
and related services.
(3)(a) Except as provided in paragraph (b) of this subsection,
a hearing described in subsection (1) of this section must be
requested within two years after the date of the act or omission
that gives rise to the right to request a hearing under
subsection (1) of this section.
(b) The timeline described in paragraph (a) of this subsection
does not apply to a parent if the parent was prevented from
requesting the hearing due to:
(A) Specific misrepresentations by the school district that it
had resolved the problem forming the basis of the complaint; or
(B) The school district withholding from the parent information
that the district was required to provide under this chapter.
(4) The State Board of Education shall adopt rules that
establish when a school district is obligated to initiate a
contested case hearing to ensure that a student with a disability
is provided with a free appropriate public education.
(5) The board's rules in subsection (1) of this section shall
be as consistent as possible with the procedures applicable to a
contested case under ORS chapter 183. However, the board's rules
shall provide that:
(a) Any party to a hearing has the right to prohibit the
introduction of any evidence that has not been disclosed to that
party at least five business days before the hearing;
{ - and - }
(b) The hearing officer may prohibit the introduction of any
evidence regarding evaluations and recommendations based on those
evaluations that a party intends to use at the hearing, if the
evidence has not been disclosed to the other party at least five
business days before the hearing, unless the other party consents
to the introduction of the evidence { - . - } { + ;
(c) The school district has the burden of proof related to a
determination of the school district concerning the
identification, evaluation, individualized education program,
educational placement or the provision of a free appropriate
public education to a child; and
(d) The parent of a child has the burden of proof related to
the parent's request for tuition reimbursement for special
education and related services if:
(A) The special education and related services are provided to
the child by a private entity; and
(B) The school district or another public agency did not place
the child in the special education and related services or did
not refer the child to the private entity for special education
and related services. + }
(6) Notwithstanding subsection (5) { + (a) and (b) + } of this
section, in an expedited hearing the evidence must be disclosed
to the other party not later than two business days before the
hearing.
(7) The parent shall be entitled to have the child who is the
subject of the hearing present at the hearing and to have the
hearing open to the public.
(8) An expedited hearing shall be held if:
(a) In a dispute over a disciplinary action for a child with a
disability, the child's parent disagrees with a determination
that the child's behavior was not a manifestation of the child's
disability or with any decision regarding the child's educational
placement; or
(b) The school district believes that maintaining the current
placement for the child is substantially likely to result in
injury to the child or others.
(9) The hearing shall be conducted by an independent hearing
officer appointed by the Superintendent of Public Instruction.
The hearing officer:
(a) Shall not be:
(A) An employee of a school district involved in the education
or care of the child;
(B) An employee of the Department of Education; or
(C) A person having any personal or professional interest that
would conflict with the person's objectivity in the hearing.
(b) Shall possess:
(A) Knowledge of, and the ability to understand, the provisions
of state and federal special education laws, regulations and
legal interpretations by federal and state courts;
(B) The knowledge and ability to conduct hearings in accordance
with appropriate standard legal practice; and
(C) The knowledge and ability to render and write decisions in
accordance with standard legal practice.
SECTION 2. { + The amendments to ORS 343.165 by section 1 of
this 2011 Act first apply to hearings commenced on or after the
effective date of this 2011 Act. + }
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