Parents At Disadvantage In Current Special Ed Appeals System

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Action Alert

Assign Burden of Proof in IDEA Disputes to School District
Parents At Disadvantage In Current System

The U.S Supreme Court decision in Schaffer vs. Weast determined that, unless state rules indicate otherwise, the party "seeking relief" has the burden of proof in IDEA due process proceedings. The Court acknowledged that school districts have a natural advantage over parents in such disputes, particularly when it comes to resources. Prior to this court decision, Pennsylvania school districts had the burden of proof, regardless of who requested the due process hearing. Therefore, it was the obligation of the district to present its case first. Such an allocation of the burden made sense, as it is the school district that has the duty to provide FAPE (free and appropriate public education) in the least restrictive environment. Moreover, it is practical, productive, time-saving, and cost-minimizing to have the school district (which has the easiest access to the student's records and the teachers and experts that work with the child daily) to testify first at the hearing. A large percentage of parents are unrepresented during due process hearings.

With the U.S. Supreme Court decision, parents were placed at a disadvantage. Pennsylvania has no statute or regulation that assigns the burden of proof to school districts. Few parents go into this process with the resources or knowledge to properly present their child's case against seasoned professionals and bureaucrats representing school districts.

The Arc urges passage of legislation that places the burden of proof in special education matters onto school districts rather than parents. House Bill 2438 has been introduced by House Speaker Dennis O'Brien, and Senate Education Committee Chairman James Rhoades has introduced Senate Bill 1414, both of which would assign the burden of proof in IDEA disputes to the school district and not the parent. The only exception would be if the parent has unilaterally chosen a private school placement, which usually means a segregated setting. The legislation also requires school districts to complete special education evaluations within 60 calendar days year round (Chapter 14 regulations exempt summer months from the count).

Members of both the state Senate and House of Representatives should be urged to cosponsor these pieces of legislation right away and work to pass one of the bills before the end of the 2008 legislative session.