Navigating the complexities of special education can be challenging for both parents and educators. Recently, Washington State implemented a significant change in the legal landscape concerning special education due process hearings. This change involves shifting of the burden of proof, a development that all families involved in special education should know about.
The New Law, SB 5883:
In Washington State, the burden of proof in special education due process hearings has traditionally rested on the party challenging the educational program proposed by the school district, i.e the parents. However, under the new law, Senate Bill 5883, the burden of proof is shifted. Now, the burden lies with the school district to demonstrate that its proposed individualized education program (IEP) is appropriate for the student.
Implications for Parents:
Previously, parents often found themselves in the position of proving why a proposed IEP was inadequate or why their child required alternative or additional services. This could be an expensive, intimidating, and emotionally exhausting process, especially for parents already navigating the complexities of raising a child with special needs.
Now, with the burden of proof placed on the school district, parents will start from a more advantageous position during due process hearings. Rather than needing to prove why the IEP was inadequate, parents can focus on presenting evidence to support their concerns while the district must prove the IEP was appropriate.
By placing the onus on school districts to justify their proposed educational plans, the law aims to create a more equitable and transparent process for resolving disputes between parents and schools.
What other states put the burden of proof on districts?
Washington joins six other states that have specifically put the burden of proof on the school district. In Oregon and Idaho the burden of proof remains on the parents.
The other states are:
Connecticut
Delaware
New Hampshire
New Jersey
New York
West Virginia
Tips for Parents:
1. Stay Informed: Familiarize yourself with the specifics of the new law and how it impacts special education due process hearings in Washington.
2. Seek Support: Don't hesitate to reach out to an advocate, support group, or attorney specializing in special education law for guidance and assistance.
3. Document Everything: Keep thorough records of your child's educational journey, including assessments, IEP meetings, communications with school staff, and any concerns or observations you have regarding your child's progress. Remember, if it’s not documented it didn’t happen.
4. Advocate Effectively: Be prepared to articulate your child's needs, present evidence supporting your concerns, and collaborate with the school district to develop an appropriate and effective IEP.
5. Stay Engaged: Stay actively involved in your child's education, participate in IEP meetings, and monitor their progress to ensure that their needs are being met.
Need help? Ask me.