1305-S2 AMH COUT WARG 062

2SHB 1305 - H AMD 358

By Representative Couture

NOT CONSIDERED 01/02/2024

On page 4, after line 15, insert the following:

"NEW SECTION. Sec. 6. (1) The school district has the burden of proof and the burden of production whenever it is a party to a due process hearing regarding the identification of, evaluation of, reevaluation of, classification of, educational placement of, disciplinary action of, or provision of a free appropriate public education to, a student with a disability.

(2) In a due process hearing, evidence showing that a student has not failed or been retained in a course or grade, and is advancing from grade to grade, does not create the presumption that the school has provided the student with a free appropriate public education as required by the federal individuals with disabilities education act, 20 U.S.C. Sec. 1400 et seq.

(3) In a due process hearing related to parent participation in the adoption of an individualized education program, the superintendent of public instruction or the superintendent's designee may order the individualized education program team to reconvene with a qualified interpreter, so that the parent can fully participate in any adoption of an individualized education program.

(4) The definitions in this subsection apply throughout this section unless the context clearly requires otherwise.

(a) "Due process hearing" means a due process hearing held in accordance with the federal individuals with disabilities education act, 20 U.S.C. Sec. 1400 et seq.

(b) "Qualified interpreter" has the same meaning as in RCW 28A.183.010."

Renumber the remaining sections consecutively and correct any internal references accordingly.

--- END ---