Testimonies recommend special-needs legislation

From dailylocal.com

Testimonies recommend special-needs legislation
By DANIELLE LYNCH, Staff Writer 10/05/2008

WEST CHESTER — Lawmakers listened to testimony about two bills that would address special-education issues at a legislative hearing Thursday morning.

State House Speaker Dennis O'Brien, R-169th, of Philadelphia, the prime sponsor of the two bills, opened the hearing at West Chester University. House Bill 2438 would return the burden of proof to school districts in special-education disputes.

"Those who see our kids hold the cards," O'Brien said, referring to placing the burden of proof back on local education agencies, which include school districts, charter schools and intermediate units.

When parents of special-needs children and school districts cannot work out issues through mediation, the next step is generally due process. When due process is held pursuant to the federal Individuals with Disabilities Education Act (IDEA), the burden of proof is currently placed on the parents of special-needs children.

Previously, the burden of proof had been on the school district. But in the 2005 "Scaffer v Weast," the United States Supreme Court placed the burden of proof on parents.

In addition to House Bill 2438, state Rep.

Barbara McIlvaine Smith, D-156th, of West Chester, introduced her own legislation, known as House Bill 2718, to turn the burden of proof back to the school districts. She said her bill mirrors a piece of New Jersey legislation and is not meant to be in competition with O'Brien's bill, which she also co-sponsors.

The second bill introduced by O'Brien that was discussed at the hearing was House Bill 2536, which, if approved, would create a Board of Dispute Resolution independent of the Pennsylvania Department of Education for special-education matters.

Special-education Attorney Dennis McAndrews, of McAndrews Law Offices, who represents families, testified he did not believe there was a logical basis to place the burden of proof upon families of special-needs children. He also recommended an independent oversight board for Office of Dispute Resolution.

Jerry Oleksiak, treasurer for the Pennsylvania State Education Association, who is a special-education teacher, said in his testimony that PSEA's position is that it would be in opposition to legislation to place the burden of proof back on local education agencies.

Attorney Andria B. Saia of the Levin Legal Group, who represents school districts and the Pennsylvania School Boards Association, said she's also against changing the burden of proof back to school districts. She said she was also not in favor of creating an independent Board of Dispute Resolution that would take the place of the current Office of Dispute Resolution.

Ken Oakes, chairman of early childhood and education committees for the Arc of Pennsylvania, said the Arc supported placing the burden of proof back on the local education agencies. He said that at this time, Arc officials have not made a position on the other bill.

Felicia Hurewitz, a developmental psychologist at Drexel University who was a representative of the government workgroup of the Autism Society of America's Pennsylvania Chapters, said she supported the efforts in both bills.