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Burden of Proof bill. We need one more email now and a phone call on Tuesday or Wednesday. Please take action on the email NOW. Phone call info will come Tuesday. Thank you!
Assembly bill 5396 and Senate bill 5972
Take Action!Please support and pass this legislation!
You might have acted on this alert in the past. You must do it ONE more time June 11th or June 12th so we may get the bill passed!!!This legislation would remedy the U.S. Supreme Court decision from a year ago in Schaffer v. Weast, which turned the clock back decades for children with disabilities. In the absence of a state law to the contrary, this court decision forces parents to bear the burden of proof in special education hearings over their child’s Individual Education Plan (IEP). Parents therefore are charged with presenting their case, making legal arguments, examining and cross examining witnesses, including hostile witnesses, and adhering to the procedural requirements of a hearing. For those parents unable to afford legal representation, this burden is unjust and often impossible.
The Legislature must restore the pre-Schaffer status quo which existed in New York since 1975 which was the inception of special education. Now parents of limited means DO NOT STAND A CHANCE if they must defend their child’s right to a Free and Appropriate Public Education for their child.
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