Legal Clips, [August 2007]New York Governor Eliot Spitzer has signed a new law which places the burden on school districts to prove that they are satisfying legal obligations to provide an appropriate Individualized Education Program (IEP) for students with disabilities under the Individuals with Disabilities Education Act (IDEA). For more than 30 years in New York, school districts that were challenged had to prove in an administrative hearing that a student's program was appropriate, says Spitzer spokesman Jeffrey Gordon. However, a 2005 U.S. Supreme Court ruling put the burden on the party requesting an administrative ruling, usually parents, for all states that didn't have a specific law or regulation on the issue, including New York. "This bill rightly places the burden of proof on school districts that have the expertise needed to assess options and the responsibilities for implementing individual educational plans," said Gov. Spitzer in a release. The law, which goes into effect in two months, will also strike a balance between a parent's desire for private placements and a school district's obligation to pay for out-of-district services, says Mr. Gordon. In the case of a parent seeking a private program for their child, they would have to prove it was more appropriate than the school district's individualized program.
New York Newsday By Associated Press
[Editor’s Note: For an example of a jurisdiction that moved in the opposite direction, see the news excerpt at the link below. That link, in turn, links to background on the Supreme Court’s decision in Schaffer v. Weast, including NSBA’s brief in that case. NSBA argued that the law does not and should not presume that educators are failing to fulfill their responsibilities.]
NSBA School Law pages on aftermath of Schaffer v. Weast