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August 16, 2007Governor Spitzer Signs ‘Burden of Proof’ Legislation Listed below is the press release regarding Governor Spitzer signing the ‘Burden of Proof’ Legislation. This bill puts the ‘burden of proof’ on the school districts that are providing appropriate individualized education program (IEP) for students with disabilities. This shifts the burden away from the family. Though we have yet to completely review the approval message, it appears that this is a very positive measure for families who have struggled for years with school districts to insure that their loved one receives the educational services and resources necessary to stay in school. We thank Governor Spitzer for signing this legislation despite great pressure from those in opposition. We also would like to congratulate the advocacy groups who have been so supportive over the years especially our colleagues at Families Together who have many family members whose lives will be enhanced by the signing of this bill.
FOR IMMEDIATE RELEASE CONTACT:
Christine Anderson GOVERNOR
SPITZER SIGNS LEGISLATION SHIFTING BURDEN OF PROOF TO SCHOOL DISTRICTS
IN DISPUTES OVER SPECIAL EDUCATION PROGRAMS Governor Eliot Spitzer today announced that he has signed legislation creating a fair and effective process for parents of children with disabilities who chose to challenge school districts’ decisions about which educational services are appropriate for their children. This new law puts the burden on the school district to prove that it is satisfying its legal obligation to provide an appropriate individualized education program for a student with a disability. At the same time, the law strikes a balance between a parent’s desires for private placements and a school district’s obligation to pay for costly out-of-district services by requiring parents to prove that a private placement outside of the school district is more appropriate for their child. “Determining which services are most appropriate for our disabled children is important to ensuring that every child has the opportunity to succeed,” said Governor Spitzer. “This bill rightly places the burden of proof on school districts that have the expertise needed to assess options and the responsibilities for implementing individualized educational plans. The bottom line here is that we need to have a system that works in the best interest of children.” Under the federal Individuals with Disabilities Education Act (IDEA), every child with a disability is entitled to receive a “free appropriate public education.” To that end, school districts are required to develop a plan to meet the specific needs of each child with a disability. The IDEA protects children’s rights by giving parents and school districts the right to an administrative hearing if they cannot agree on which services the child needs. For more than 30 years, when these administrative hearings were brought in New York, parents were required to prove the appropriateness of the individualized education program. A 2005 U.S. Supreme Court ruling put the burden of proof on the party requesting an administrative ruling, most often parents, for all states that did not have a specific law or regulation on this issue. Because New York did not have a law or regulation on this subject, the Supreme Court’s decision effectively reversed the State’s longstanding rule.
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