This legislation amends the Public School Code to require that the burden of proof in special education due process hearings be placed on the school providing services, rather than the parent or guardian of the student. Several other states, including Delaware, New Jersey, and New York, have already enacted a law to make this change. Schools are better able to meet the burden of proof compared to parents, who are more likely to be inexperienced with the due process system and legal requirements. By making this change, we will be removing potential barriers to students receiving services that they need to succeed academically and in life.
 
Under federal law, schools are required to identify students in need of special education and develop an Individualized Education Program (IEP) to provide necessary services in school-based settings. IEPs are developed by the student’s IEP team, which consists of the student’s parents, a special education teacher, a general education teacher, and an individual who can interpret the results of the student’s evaluation, among other individuals. If a parent disagrees with the contents of an IEP and believes additional or alternative services are necessary, they have the right to request a due process hearing in which an independent hearing officer can make a final decision on the dispute between the school and the parent. However, the party seeking relief in the dispute, which is often the parent, has the burden of proof regarding why additional or alternative services are needed, unless state law explicitly places the burden on the school.
 
Please join us in co-sponsoring this legislation that will support families of children with disabilities and help these children obtain essential school-based services.