Amendment No. 324

 

Senate Amendment to Senate Bill No. 234                                                                         (BDR 34‑452)

Proposed by: Committee on Human Resources and Facilities

Amendment Box:

Resolves Conflicts with: N/A

Amends:         Summary:              Title:              Preamble:               Joint Sponsorship:

 

ASSEMBLY ACTION              Initial and Date              |SENATE ACTION                        Initial and Date

       Adopted       Lost                                               |          Adopted       Lost                                           

Concurred In                     Not                                                        |Concurred In  Not                                 

       Receded        Not                                               |         Receded        Not                                           

 

     Amend the bill as a whole by deleting sections 1 through 6 and adding new sections designated sections 1 and 2, following the enacting clause, to read as follows:

     Section 1. 1.  The Department of Education shall conduct a study of the system for administrative due process hearings conducted in this state pursuant to the Individuals with Disabilities Education Act, 20 U.S.C. §§ 1400 et seq.

     2.  In conducting the study, the Department shall work in consultation with, and solicit the opinions of, the school districts, parents and guardians, and parent groups organized to address the needs of pupils with disabilities.

     3.  The study must include, without limitation, a determination of whether:

     (a) The current system for administrative due process hearings conducted in this state pursuant to the Individuals with Disabilities Education Act is effective in meeting the needs of pupils with disabilities, parents and guardians, and school districts; and

     (b) Revisions to the current system are necessary to ensure that the system is effective in meeting the needs of pupils with disabilities, parents and guardians, and school districts, including, without limitation, any revisions:

          (1) That are designed to provide a more cost-effective and efficient method of conducting hearings.

          (2) To the requirements for the qualifications and compensation of hearing officers.

     4.  On or before September 1, 2004, the Department shall submit a written report of its study to the Legislative Committee on Education. The written report must include, without limitation, the determinations made pursuant to subsection 3 and any recommendations for legislation.

     Sec. 2. This act becomes effective on July 1, 2003.”.

     Amend the title of the bill to read as follows:

AN ACT relating to education; requiring the Department of Education to conduct a study of the system for administrative due process hearings conducted pursuant to the Individuals with Disabilities Education Act; requiring the Department to submit a written report of its study to the Legislative Committee on Education; and providing other matters properly relating thereto.”.

     Amend the summary of the bill to read as follows:

“SUMMARY—Requires Department of Education to conduct study of administrative due process hearings pursuant to Individuals with Disabilities Education Act. (BDR S‑452)”.