Washington Autism Alliance applauds Washington State Legislature for passage of Senate Bill 5883 - Concerning the burden of proof for special education (disputes) due process hearings. Currently, one disadvantage of the burden of proof in special education disputes in Washington state is that it places a significant responsibility on families, particularly those who may not have the resources or expertise to gather and present evidence effectively. This can create an unequal playing field, as school districts often have access to greater resources, including legal counsel and expert witnesses.
Additionally, the burden of proof can create a barrier for families seeking to challenge decisions made by the school district, potentially leading to delays or denials of necessary services for students with disabilities.
Furthermore, the burden of proof may contribute to an adversarial dynamic between families and school districts, rather than fostering collaboration and partnership in addressing the needs of students with disabilities.
While the burden of proof is a standard legal principle, its application in special education disputes presents significant challenges and disadvantages for families advocating for their children’s rights and needs.
After SB5883 is signed by the governor and enacted, the school district has the burden of proof, including the burden of persuasion and production, when it is a party to a due process hearing regarding the identification, evaluation, reevaluation, classification, educational placement, disciplinary action, or provision of a free appropriate public education for a student with a disability. The burden of proof must be met by a preponderance of the evidence.
A parent or person in parental relation that seeks tuition reimbursement for a unilateral parental placement has the burden of proof, including the burden of persuasion and production, on the appropriateness of that placement.
Former Washington Autism Alliance board member attorney Katherine George calls passage of SB5883 "a major advancement of civil rights for students with disabilities. Legislators deserve our thanks for making educational justice more accessible to families in need."
To learn more, follow this link to an analysis prepared by non-partisan legislative staff for the use of legislative members in their deliberations.
Please thank Senator Yasmine Trudeau for their leadership in brining this bill forward. Also, if you live in the 19th legislative district (map below), please note Representative Joel McEntire of Cathlamet, WA was the only NAY vote on this bill in the House of Representatives. Please take a few minutes to educate him on why this bill is vital to preserve the rights of students with disabilities to a free and appropriate public education. He can be reached at (360) 786-7870 | joel.mcentire@leg.wa.gov.
