Special Education Committee News
Virginia Legislation Aims to Lift Burden for
Parents in IEP Appeals Process
YOUR ACTION NEEDED!
You can make a difference in the IEP appeals process in Virginia.
Legislation pending in the Virginia State Senate (SB 241) would require that
schools, rather than parents, bear the burden of proof when the adequacy of a
child’s IEP is challenged. Burden of proof determines which party must present
stronger evidence in an IEP appeals hearing, a particularly important concept
when both parties have equally compelling arguments and evidence. In such a case
the party with the burden of proof is likely to lose the appeal and this bill
would place that responsibility on the schools.
The legislation would reverse the impact of last November’s Supreme Court ruling
(Schaffer v. Weast) that parents bear the “burden of persuasion” when
challenging a school’s IEP. The ruling applies, the high court noted, only when
state law does not place the burden on the schools; if states choose to assume
the burden, parents do not have to. Virginia legislators have drafted SB 241 to
assure that Virginia schools bear the burden of proof.
The Virginia State Senate Education Committee will hear testimony on SB 241
Thursday, January 26th, 9:00 a.m. in Senate Room B.
Several school districts have called for the bill to be withdrawn and opponents
plan to have school representatives flood the Senate Committee meeting next
Thursday.
This is a critical piece of legislation for students with disabilities and their
families. It is important that VA CHADD members contact their State Senators,
Delegates and members of the Senate Education Committee, listed below, to make
their support of SB 241 known.
To
email or phone one of the Senators on the Education Committee.
Please give them the following message:
“I strongly support Senate Bill 241, which puts the burden of proof on the
school system. I have a child in Virginia schools and believe this legislation
will give us a more balanced and fair appeals process in special education.”
Members of the Senate Education Committee
- Sen. Potts (Chairman, Winchester – District 27)
- Sen. Saslaw (Springfield District - 35)
- Sen. Lambert (Richmond – District 9)
- Sen. Houck, Sen. Lucas (Portsmouth)
- Sen. Howell (Spotsylvania – District 17)
- Sen. Quayle (Portsmouth/Chesapeake – District 13)
- Sen. Martin (Chesterfield area – District 11)
- Sen. Newman (Forest area – District 23)
- Sen. Edwards (Roanoke area – District 21)
- Sen. Ruff (Clarksville area – District 15)
- Sen. Whipple*** (Arlington area-District 31)
- Sen. Blevins (Chesapeake – District 14)
- Sen. Rerras (Norfolk, portions VA Beach, Eastern Shore – District 6)
- Sen. Bell (Roanoke – District 22)
***opposes this legislation
In addition to writing or calling your Delegate and State Senator, please attend the hearing to show your support for SB 241, and, if you can, to make a BRIEF (2-3 bullet point) statement on why this legislation is important. Specifically, we are looking for testimony from:
- Parents who have experienced a due process hearing with first hand experience on why it is important that the burden of proof be on the schools.
- Representatives of statewide groups advocating for people with disabilities, especially in the area of education.
- Individuals or representatives of groups who filed briefs in the recent Supreme Court case on the student's behalf
For more information contact:
- Paul J. Seifert, CHADD Director of Public Policy 301-306-7070, ext 109 Email: paul_seifert@chadd.org
- Ruth Hughes, Deputy CEO for Public Policy and Community Services (301)
306-7070 ext 133 Email:
ruth_hughes@chadd.org
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