School Districts, Not Parents, To Shoulder ‘Burden of Proof’
This article is from the archive of The New York Sun before the launch of its new website in 2022. The Sun has neither altered nor updated such articles but will seek to correct any errors, mis-categorizations or other problems introduced during transfer.
Parents of disabled children are celebrating after Governor Spitzer signed legislation this week ensuring that school districts, not parents, will shoulder the legal responsibility for proving that students are adequately accommodated. School districts had shouldered the so-called burden of proof to approve education plans, programs that detail how disabled children will be accommodated, for 30 years in New York State. But a 2005 Supreme Court ruling passed that burden onto parents, unless a state law specifically gave the responsibility to school districts. This legislation does just that, Mr. Spitzer said yesterday. Parents had been concerned that school districts would loosen accommodations if they did not legally bear the burden of proof. Advocates for disabled children say districts are becoming aggressive in protesting extra accommodations for disabled students.
