BILL NUMBER: S5073
SPONSOR: GRIFFO
 
TITLE OF BILL:
An act to amend the education law, in relation to the burden of proof
for appeal procedures for children with handicapping conditions
 
PURPOSE:
In accordance with a 2005 United States Supreme Court ruling, this
legislation changes the burden of proof in due process complaints in
school districts to the party seeking relief.
 
SUMMARY OF PROVISIONS:
Section 1 Amends section 4404 of the education law to allow the appoint-
ment of hearing officers and set the standards of the hearings and the
hearing officers.
Section 2 sets the standards for if the burdened party wishes to file an
appeal on the decision from the hearing board.
Section 3 sets the effective date.
 
JUSTIFICATION:
In 2005 the United States Supreme Court ruled in Schaffer v. West that
the burden of proof in due process complaints is on the party seeking
relief. New York has not yet adopted the appropriate laws in education
to follow that ruling. The US Department of Education published data in
2023 that showed New York State has since faced a high level of due
process complaints with the burden of proof facing school districts,
with districts struggling financially to address the high number of
complaints.
 
LEGISLATIVE HISTORY:
2024- S.8720- Disabilities Committee
 
FISCAL IMPLICATIONS:
None to the state.
 
EFFECTIVE DATE:
This act shall take effect immediately.

Statutes affected:
S5073: 4404 education law, 4404(1) education law