The Connecticut State Advisory Council on Special Education Opposes Changing the "Burden of Proof" in Special Education Hearings

In a press release on March 22, 2009, The Connecticut State Advisory Council on Special Education announced it opposition to the policy change on special education issues relating to the burden of proof in Connecticut Raised Bill 1142; An Act Concerning Relief of State Mandates On School Districts.

The additional language states "In making a determination as to the issues in dispute, the hearing officer or board shall review the evidence presented in the hearing with the burden of proof on the party requesting the hearing." The current law states that the burden of proof is the responsibility of the school district to prove it has provided a "Free, Appropriate, Public Education" (FAPE) through the Individual Education Plan also known as an IEP. How does this affect parents and children with special needs in the State of Connecticut? It stacks the deck more heavily in favor of school districts.

Historically, the majority of hearings reviewing the delivery of special education to our most vulnerable population are already decided in favor of school districts. This drastic 180 degree change of the burden of proof would make it excessively costly and almost impossible for parents of children receiving special education services to have an equitable hearing with a reasonable chance of prevailing.

The Connecticut State Advisory Council on Special Education (SAC), 51% of whose membership consists of parents of children receiving special education services, remains vigorously opposed to any switch of the burden of proof and believe this is nothing short of an ill conceived initiative that will greatly harm our children.

The Council encourages all parents of school aged children in the State of Connecticut to take notice of this dangerous legislation and actively voice their opposition to it by contacting their Legislators.

The Connecticut Special Education Advisory Council is mandated under the Individuals with Disabilities Act (reauthorized in 2006) and Connecticut Statute to advise the Department of Education of unmet needs, to periodically review the laws, regulations, standards and guidelines related to special education and to recommend to the General Assembly and the State Board of Education any changes it deems necessary. Learn more at http://www.ctsac.org.