Maryland HB 1240: Individualized Education Programs - Studies

Bill Text

EXPLANATION: CAPITALS INDICATE MATTER ADDED TO EXISTING LAW.
[Brackets] indicate matter deleted from existing law.
*hb1240*

HOUSE BILL 1240
F1 7lr1169

By: Delegates Kaiser, Atterbeary, Ebersole, Frick, Haynes, Healey, Hill, Jalisi,
Korman, Krimm, Lam, Lierman, Luedtke, McComas, Moon, Mosby,
Patterson, Rey, Turner, Valentino–Smith, M. Washington, and K. Young
Introduced and read first time: February 10, 2017
Assigned to: Ways and Means

A BILL ENTITLED

AN ACT concerning 1

Individualized Education Programs – Burden of Proof in Due Process Hearings 2
and Studies 3

FOR the purpose of requiring certain complaining parties to bear a certain burden of proof 4
in due process hearings that are held to resolve a dispute relating to the provision of 5
a free appropriate public education to children with disabilities; providing a certain 6
exception that if a parent or guardian files a due process complaint against a public 7
agency concerning a dispute over the delivery of certain services, the public agency 8
is required to bear a certain burden of proof; providing a certain exception that 9
requires a parent or guardian seeking tuition reimbursement for a unilateral 10
placement of a student by the parent or guardian to bear a certain burden of proof; 11
authorizing a certain administrative law judge to shift a certain burden of proof 12
under certain circumstances; requiring the State Department of Education to study 13
and make recommendations regarding certain matters; requiring the Department to 14
report its findings and recommendations to the General Assembly on or before a 15
certain date; requiring the Department to contract with a public or private entity to 16
conduct a certain study of the individualized education program process in the State 17
and to make certain recommendations regarding the process; requiring the Governor 18
to include sufficient funds in the State budget for certain fiscal years to cover the 19
costs of a certain study; requiring the Department to report the findings and 20
recommendations of a certain study to the General Assembly on or before a certain 21
date; providing for a delayed effective date for a certain provision of this Act; 22
providing for the termination of certain provisions of this Act; and generally relating 23
to the burden of proof in due process hearings and the study of the individualized 24
education program process. 25

BY repealing and reenacting, with amendments, 26
Article – Education 27
Section 8–413 28

2 HOUSE BILL 1240

Annotated Code of Maryland 1
(2014 Replacement Volume and 2016 Supplement) 2

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 3
That the Laws of Maryland read as follows: 4

Article – Education 5

8–413. 6

(a) (1) In this section the following words have the meanings indicated. 7

(2) “Administrative law judge” means an individual serving in the role of 8
an impartial hearing officer as required under the federal Individuals with Disabilities 9
Education Act. 10

(3) “Due process complaint” means a written request for a due process 11
hearing filed by the parent of a child with a disability, as defined in § 8–412 of this subtitle, 12
or a public agency, to resolve a dispute over the identification, evaluation, educational 13
placement, or the provision of free appropriate public education, in accordance with federal 14
law. 15

(4) “Federal law” means the Individuals with Disabilities Education Act 16
and regulations adopted under that Act. 17

(5) “Parent” means: 18

(i) A child’s natural or adoptive parents, a guardian, or a person 19
acting as a parent of a child, such as a relative or a stepparent with whom the child lives; 20

(ii) A foster parent with whom a child lives if the foster parent has 21
been granted limited guardianship for educational decision making purposes by the court 22
that placed the child in foster care; 23

(iii) Another individual who is legally responsible for the child’s 24
welfare; or 25

(iv) A parent surrogate appointed in accordance with § 8–412 of this 26
subtitle. 27

(6) “Public agency” means the State Department of Education, a local 28
school system, or any State agency responsible for providing education to students with 29
disabilities, including the Maryland School for the Blind and the Maryland School for the 30
Deaf. 31

(7) “Resolution session” means a preliminary meeting the public agency 32
shall convene with the child’s parent in accordance with federal law. 33

HOUSE BILL 1240 3

(b) (1) The parent of a child with a disability or a public agency may formally 1
request mediation at any time to resolve any disagreement between the parties regarding 2
the child’s special education services or program. 3

(2) If a parent files a due process complaint against a public agency 4
concerning the identification, evaluation, or educational placement of a student or the 5
provision of a free appropriate public education, any party shall be given the opportunity 6
to request mediat