CERTIFICATION OF ENROLLMENT
SENATE BILL 5883
Chapter 29, Laws of 2024
68th Legislature
2024 Regular Session
SPECIAL EDUCATION DUE PROCESS HEARINGS—BURDEN OF PROOF
EFFECTIVE DATE: June 6, 2024
Passed by the Senate January 31, 2024 CERTIFICATE
Yeas 48 Nays 0
I, Sarah Bannister, Secretary of
the Senate of the State of
DENNY HECK Washington, do hereby certify that
President of the Senate the attached is SENATE BILL 5883 as
passed by the Senate and the House
of Representatives on the dates
hereon set forth.
Passed by the House February 27, 2024
Yeas 94 Nays 1
SARAH BANNISTER
LAURIE JINKINS Secretary
Speaker of the House of
Representatives
Approved March 13, 2024 11:18 AM FILED
March 14, 2024
Secretary of State
JAY INSLEE State of Washington
Governor of the State of Washington
 SENATE BILL 5883
Passed Legislature - 2024 Regular Session
State of Washington 68th Legislature 2024 Regular Session
By Senators Trudeau, Braun, Dhingra, Frame, Hasegawa, Kauffman,
Nobles, Saldaña, Valdez, and C. Wilson
Prefiled 12/19/23. Read first time 01/08/24. Referred to Committee
on Early Learning & K-12 Education.
1 AN ACT Relating to the burden of proof for special education due
2 process hearings; and adding a new section to chapter 28A.155 RCW.
3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
4 NEW SECTION. Sec. 1. A new section is added to chapter 28A.155
5 RCW to read as follows:
6 (1) Except as provided in subsection (2) of this section, the
7 school district has the burden of proof, including the burden of
8 persuasion and production, whenever it is a party to a due process
9 hearing regarding the identification, evaluation, reevaluation,
10 classification, educational placement, disciplinary action, or
11 provision of a free appropriate public education for a student with a
12 disability.
13 (2) A parent or person in parental relation seeking tuition
14 reimbursement for a unilateral parental placement has the burden of
15 proof, including the burden of persuasion and production, on the
16 appropriateness of such placement.
17 (3) The burden of proof in this section must be met by a
18 preponderance of the evidence.
19 (4) For the purposes of this section, "due process hearing" means
20 a due process hearing held in accordance with the federal individuals
21 with disabilities education act, Title 20 U.S.C. Sec. 1400 et seq.
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Passed by the Senate January 31, 2024.
Passed by the House February 27, 2024.
Approved by the Governor March 13, 2024.
Filed in Office of Secretary of State March 14, 2024.
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