Executive Summary
Summary
This bills would ensure the school district has the burden of proof in due process hearings.
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Specifically for due process hearings around identification, evaluation, reevaluation, classification, placement, disciplinary action, or provision of a free and appropriate education (FAPE) for a student with disabilities.
It makes additional changes regarding due process proceedings, such as clarifying that:
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A student not failing a course or being promoted to the next grade level is not evidence of a FAPE being provided
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In a due process hearing related to lack of parent participation in the adoption of an IEP due to an interpreter-related issue OSPI can require the IEP team to reconvene with a qualified interpreter
Background
What is a burden of proof?
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When a parent or guardian doesn’t agree with a decision a school has made about a child’s special education identification, evaluation, educational placement, or provision of services, they can request a “due process proceeding.” This proceeding aims to determine whether or not the decision made is appropriate.
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State and federal law do not specify whether a parent or the school has the burden (or responsibility) of proving the facts in a due process hearing, but in practice it has become the responsibility of the parent or guardian of a student.
Key Points
Proving the facts in a due process hearing can be an expensive and time consuming process for families. It often includes hiring lawyers or experts to be able to make a case. The potential financial costs and time required for due process hearings makes it an unrealistic tool for some to use because of the resources required to pursue that option.
For more information and points to consider, see: The Arc of King County Legislative Brief on this bill.
Additional Details
Ways to Get Involved
Steps to Get Started
- Learn where the bill is in the legislative process.
- If there is an upcoming hearing, decide how you would like to get your voice heard and take action.
- If there is not an upcoming hearing, or if you want to supplement your advocacy, call or write your legislators.
- Spread the word and get other people on board.
Participating in a Hearing
Sign in Pro, Con, or Other
This is when individuals, advocates, and organizations make their position on a particular bill known for the record. This is particularly powerful in large numbers. Many organizations will send out Action Alerts asking people to sign in Pro or Con on a bill.
Submit Written Testimony
Submitting written testimony is a great way not only to make your position known to legislators but also to explain why in more detail. This is a good option if you don’t want to speak in front of others. People also like to offer more nuance to their position by writing.
Testify Virtually
Since COVID, many legislators are allowing remote/virtual testimony for bill hearings, as it greatly expands access to the legislative process across the state. For this, individuals usually have between 1-2 minutes to state their opinion on a bill in front of the legislative committee on Zoom.