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)

Description

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. Read the Bill »

Outcome

History