MN SF1935

Shifts burden of proof in special education due process hearings by party and claim type, using preponderance of evidence standard throughout.

Places burden on the party challenging an individualized education plan to prove the plan is invalid.

Places burden on parents bringing claims that a school district failed to provide free appropriate public education in the least restrictive environment to demonstrate the district's non-compliance.

Requires parents to prove that a private school placement is appropriate if they seek district payment after a hearing officer finds the district failed to provide appropriate education.

Requires the Commissioner of Education to adopt implementing rules by December 1, 2009, with restriction preventing future amendments without specific legislative authorization.