NJSBA Seeks Input on 'Burden of Proof' Bill

NJSBA Seeks Input on 'Burden of Proof' Bill

NJSBA issued an alert this week about A-4076, released by the state Assembly Education Committee on May 14. The bill would place the burden of proof on local school districts in all challenges to special education students’ individual education programs.

The alert will enable board members and administrators to take an online survey and provide information to NJSBA about their districts’ experiences and concerns with the issue.

A-4076 would circumvent a 2005 U.S. Supreme Court ruling, which held that the burden of proof in special education cases is properly placed upon the party bringing the challenge—usually the parents.

NJSBA plans to meet with the Public Advocate to address concerns raised by special education parents in a constructive way.

“Members’ suggestions about ways school districts and parents can address issues that precede due process hearings would be helpful in our preparation for the meeting,” said NJSBA’s chief lobbyist, Mike Vrancik.