HB 5552 Summary

• Requires parents, guardians, pupils, or the Commissioner of Children and Families to participate in an adjudication process conducted by an impartial third-party adjudicator before requesting a special education hearing, effective July 1, 2016.

• Adjudication must be completed within two days and conducted by a mutually agreed-upon adjudicator with expertise in special education; if parties cannot agree, the Commissioner of Education selects the adjudicator.

• Adjudicator issues findings of fact and formal recommendations regarding identification, evaluation, educational placement, or provision of free appropriate public education; parties may accept or reject the recommendation.

• Either party may proceed to a hearing if they reject the adjudicator's recommendation, with the adjudicator's findings and recommendation becoming part of the hearing record.

• Maintains existing mediation option as an alternative to hearing proceedings, with mediation available when both parties agree in writing to request the Commissioner of Education appoint a state mediator.