Children with disabilities; due process hearings, burden of proof. (HB2463)

Introduced By

Del. Kathy Tran (D-Springfield) with support from co-patron Del. Patrick Hope (D-Arlington)


Passed Committee
Passed House
Passed Senate
Signed by Governor
Became Law


Children with disabilities; due process hearings; burden of proof. Specifies that, in any due process hearing before a hearing officer to resolve certain disputes relating to the education of children with disabilities, the local school division has the burden of proof, including the burden of production and the burden of persuasion, provided that (i) in any due process hearing brought by a parent, the parent shall establish a prima facie case before the burden of persuasion falls on the local school division and (ii) in any dispute in which a party seeks tuition reimbursement for a unilateral placement, such party seeking tuition reimbursement has the burden of production and the burden of persuasion solely on the issue of the appropriateness of the unilateral placement. Amends § 22.1-214, § 22.1-214.2, of the Code of Virginia. Read the Bill »


Bill Has Failed


01/09/2019Prefiled and ordered printed; offered 01/09/19 19103445D
01/09/2019Referred to Committee on Education
01/18/2019Assigned Education sub: Subcommittee #1
01/21/2019Impact statement from DPB (HB2463)
01/28/2019Impact statement from DPB (HB2463)
02/05/2019Left in Education

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