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House Co-Sponsorship Memoranda
House of Representatives
Session of 2013 - 2014
Regular Session
MEMORANDUM
| Posted: | March 6, 2014 02:33 PM |
|---|---|
| From: | Representative Gene DiGirolamo |
| To: | All House members |
| Subject: | Burden of Proof Legislation for Special Education Students |
In the near future, I plan to introduce legislation that places the burden of proof on school districts, rather than on the party seeking the relief in special education hearings. School districts are better able to meet that burden than are the parents of children with disabilities. For many years, the rule established by the U.S. Third Circuit Court with jurisdiction over Pennsylvania, established that the burden of proof in hearings to determine whether school districts are providing children with disabilities the special education they need in the least restrictive environment was placed on the school district. In 2005, the United States Supreme Court decided Schaeffer vs. Weast. Schaeffer held that, under the federal Individuals with Disabilities Education Act, the burden of proof is on the party seeking relief – which is usually the parents. The court expressly did not invalidate state laws that placed the burden on the school district. Unfortunately, Pennsylvania had no such statute or regulation in effect. Currently, eleven states have passed laws and/or regulations that have changed the burden of proof to the school district. With this legislation, Pennsylvania will join these states that protect the interests of children and families. |