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GOVERNOR SPITZER SIGNS LEGISLATION SHIFTING BURDEN OF PROOF TO SCHOOL DISTRICTS IN DISPUTES OVER SPECIAL EDUCATION PROGRAMS
New Law Reinstates Long-Standing Approach to Hearing Process

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.”

Asseblywoman Catherine Nolan said, "As the sponsor of this legislation in the Assembly, and Chair of the Assembly's Education Committee, I am happy that the families of our state have prevailed. This new law restores to our New York families their ability to fairly advocate for their children's educational needs. The 2005 United States Supreme Court decision in Shaffer v. Weast simply got the law wrong for New York, and I am grateful to Governor Spitzer for signing this important legislation."

Senator Andrew J. Lanza said, "This legislation delivers educational justice for children with disabilities and their families. Families of children with disabilities already face enough challenges in securing an appropriate education. The school system, not the parents, should bear the burden of providing an appropriate education for special education students and this legislation will ensure that the basic educational life of our most vulnerable students will not be violated. I want to thank Assemblywoman Nolan, Majority Leader Bruno, Speaker Silver and Governor Spitzer for their leadership in enacting this historic legislation."

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, school districts 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.