H4217 — An Act to ensure fair due process in special education disputes

Summary

An Act to ensure fair due process in special education disputes

Bill Text

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The bill establishes a burden of proof on school districts in due process hearings and creates a commission to improve equitable access for pro se litigants.

• Chapter 71B, Section 2A

  (f) In all due process hearings conducted by the bureau of special education appeals under the: (i) Individuals with Disabilities Education Act, 20 U.S.C. 1400 et seq.; (ii) Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. 794; or (ii) any general or special law or regulation governing general and special education rights and protections against discrimination and harassment, the school district shall have the burden of proof, including the burden of persuasion and production, of the proposed individualized education program, Section 504 plan or other educational decisions or actions by the bureau of special education appeals are appropriate, provide a free and appropriate public education and do not constitute discrimination or harassment. The burden of proof shall be met by a preponderance of the evidence. This provision shall aim to ensure that parents and families have equitable access to due process and that school districts are held accountable for their educational decisions.

  This adds a requirement that school districts prove their educational decisions are appropriate in due process hearings.

• Chapter 71B, Section 3

  In all due process hearings conducted by the bureau of special education appeals under the: (i) Individuals with Disabilities Education Act 20 U.S.C. 1400 et seq.; (ii) Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. 794; or (iii) any general or special law or regulation governing general and special education rights and protections against discrimination and harassment, the school district shall have the burden of proof, including the burden of persuasion and production, of the proposed individualized education program, Section 504 plan or other educational decisions or actions by the bureau of special education appeals are appropriate, provide a free and appropriate public education and do not constitute discrimination or harassment. The burden of proof shall be met by a preponderance of the evidence. This provision shall aim to ensure that parents and families have equitable access to due process and that school districts are held accountable for their educational decisions.

  This adds the same requirement regarding the burden of proof to another section, reinforcing the district's responsibility.

• Chapter 4, Section 2A

  (a) There shall be established a special commission, pursuant to section 2A of chapter 4 of the General Laws, hereinafter referred to as the equitable access commission, to study and address barriers of equitable access for pro se litigants in due process hearings with the bureau of special education appeals established in section 2A of chapter 71B of the General Laws.

  This establishes the equitable access commission to address access barriers in due process hearings.

• Chapter 4, Section 2A

  (d) The equitable access commission shall be responsible for: (i) conducting a comprehensive assessment of existing barriers to equitable access in the bureau of special education appeals due process hearings; (ii) gathering input from the aforementioned stakeholders to ensure that authentic experiences and perspectives are represented; (iii) developing recommendations for policy changes, resources and support systems that promote equitable access for all pro se litigants; and (iv) reporting its findings and recommendations to the general court within 1 year of its establishment pursuant to subsection (f).

  This outlines the responsibilities of the equitable access commission.

• Chapter 4, Section 2A

  (f) The equitable access commission shall prepare a report detailing the results of the study, along with any recommendations and any proposed standards and legislation necessary to carry out its recommendations. The report shall be submitted to the: (i) joint committee on education; and (ii) clerks of the house of representatives and senate not later than 1 year of the establishment of the equitable access commission.

  This requires the equitable access commission to report its findings and recommendations to the general court.

Sponsors

• Alyson M. Sullivan-Almeida · Primary

Subjects