An Act amending the act of March 10, 1949 (P.L.30, No.14), known as the Public School Code of 1949, in pupils and attendance, further providing for exceptional children and education and training.
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Progress
Where this bill stands in the legislative process.
- Introduced
- Passed House
- Passed Senate
- To Governor
- Became Law
Overview
This bill amends Pennsylvania’s Public School Code to clarify the burden of proof in special education due process hearings. Specifically, it states that in cases involving exceptional children, the local educational agency generally bears the burden of proof, with an exception for privately selected school placements where the parent or guardian has the burden. This aligns with the Individuals with Disabilities Education Act.
Key provisions
- The local educational agency has the burden of proof in special education due process hearings.
- Parents or guardians have the burden of proof when a private school placement is unilaterally selected.
- The bill references the Individuals with Disabilities Education Act (IDEA).
- It clarifies the definition of ‘local educational agency’ as used in IDEA.
- The act amends Section 1372 of the Public School Code.
Who is affected
- Students with disabilities (exceptional children)
- Local educational agencies
- Parents and guardians of students with disabilities
- School administrators
- Special education advocates
Notable changes
- Clarifies the burden of proof in special education due process hearings.
- Establishes a specific exception regarding private school placements.
Bill text
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Document of record
- Version
- Pn 3776 Html
- Published
- Not published in the source record
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Sponsors
Official sponsors from legislative records.
9 on record
Primary sponsor
Cosponsors
Benjamin Sanchez
Danielle Friel Otten
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