Governor Signs Burden of Proof Bill

Governor Signs Burden of Proof Bill

Gov. Jon Corzine on Monday signed a bill that places the burden of proof on school districts involved in special-education due-process hearings.

The legislation (A-4076, a substitute for S-2604) reverses the 2007 U.S. Supreme court decision, Schaffer v. Weast, in which the high court ruled that the burden of proof as to whether a school is providing free and appropriate special education should rest with the party filing the complaint. The court said schools do not have an unfair advantage in special-education cases, and parents have numerous legal protections in place.

However, 10 states and the District of Columbia have statutorily returned the burden of proof in special education cases to school districts.

NJSBA opposed the bill, noting that the challenging party would not need to identify the issue or issues for the challenge, which will require the district to mount a costly defense on every possible element of the provision of a free and appropriate public education. NJSBA also opposed the bill because of the increased expense from out-of-district placements, higher transportation costs, and the responsibility of school boards to balance the provision of services to both special education and general education students.