1.1 	A bill for an act
1.2 	relating to education; adjusting the burden of proof in special education due 
1.3 	process hearings;amending Minnesota Statutes 2008, section 125A.091, 
1.4 	subdivision 16.
1.5 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.6 	Section 1. Minnesota Statutes 2008, section 125A.091, subdivision 16, is amended to 
1.7 	read:
1.8 		Subd. 16.Burden of proof. The burden of proof at a due process hearing is 
1.9 	on the district to demonstrate, by a preponderance of the evidence, that it is complying 
1.10 	with the law and offered or provided a free appropriate public education to the child in 
1.11 	the least restrictive environment.(a) If a party challenges an individualized education 
1.12 	plan, the burden of proof at a due process hearing is on that party to demonstrate, by a 
1.13 	preponderance of the evidence, that the individualized education plan is invalid. 
1.14 	(b) If a parent brings a claim that the school district did not offer or provide a free 
1.15 	appropriate public education to the child in the least restrictive environment, the burden of 
1.16 	proof at a due process hearing is on the parent to demonstrate, by a preponderance of the 
1.17 	evidence, that the district has not offered or provided a free appropriate public education 
1.18 	in the least restrictive environment.
1.19 	(c) If a hearing officer determines that the district has not offered or provided a free 
1.20 	appropriate public education in the least restrictive environment and the parent wants the 
1.21 	district to pay for a private placement, the burden of proof is on the parent to demonstrate, 
1.22 	by a preponderance of the evidence, that the private placement is appropriate.

1.23 	EFFECTIVE DATE. This section is effective the day following final enactment.

2.1 	Sec. 2. RULEMAKING.
 2.2 	The commissioner of education must adopt rules under Minnesota Statutes, section 
2.3 	14.389, consistent with the requirements of Minnesota Statutes, section 125A.091. After 
2.4 	rules authorized under this section are initially adopted, the commissioner shall not amend 
2.5 	or repeal these rules or adopt new rules on the same topic without specific legislative 
2.6 	authorization. These rules must be adopted and implemented no later than December 
2.7 	1, 2009. 

2.8 	EFFECTIVE DATE. This section is effective the day following final enactment.