Law puts burden of proof on schools in special education disputes

Associated Press Last updated: 4:24 p.m., Thursday, August 16, 2007

ALBANY -- A new law will make it easier for parents of disabled children to challenge school districts' decisions regarding their child's education, Gov. Eliot Spitzer's office announced Thursday.

The law signed this week makes the school district responsible for proving it is satisfying legal obligations to provide an appropriate individualized education program for a student with a disability, according to Spitzer's office.

For more than 30 years in New York, school districts that were challenged had to prove in an administrative hearing that a student's program was appropriate, said Spitzer spokesman Jeffrey Gordon. However, a 2005 U.S. Supreme Court ruling put the burden on the party requesting an administrative ruling, usually parents, for all states that didn't have a specific law or regulation on the issue --including New York.

"This bill rightly places the burden of proof on school districts that have the expertise needed to assess options and the responsibilities for implementing individual educational plans," said Spitzer in a release.

Under the federal Individuals with Disabilities Education Act, every disabled child is entitled to a "free appropriate public education," and school districts are required to develop a plan to meet the specific needs of each disabled student. The IDEA is meant to protect children's rights by giving school districts and parents the right to an administrative hearing if they can't agree on which services the child needs.

The law, which goes into effect in two months, will also strike a balance between a parent's desire for private placements and a school district's obligation to pay for out-of-district services, said Gordon. In the case of a parent seeking a private program for their child, they would have to prove it was more appropriate than the school district's individualized program.

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