PRINTER'S NO. 3570
No. 2438 Session of 2008
INTRODUCED BY D. O'BRIEN, ADOLPH, BARRAR, BASTIAN, BELFANTI,
BISHOP, CALTAGIRONE, CAPPELLI, CURRY, DONATUCCI, J. EVANS,
FABRIZIO, GEORGE, GIBBONS, GODSHALL, GOODMAN, GRUCELA,
HALUSKA, HARHAI, HARKINS, HENNESSEY, HERSHEY, HORNAMAN,
JAMES, KORTZ, KOTIK, LEACH, MAHONEY, McGEEHAN,
McILVAINE SMITH, MENSCH, MICOZZIE, MILLARD, MILNE, MURT,
MYERS, M. O'BRIEN, PHILLIPS, PYLE, QUIGLEY, RAPP, READSHAW,
REICHLEY, RUBLEY, SANTONI, SCHRODER, SHAPIRO, SIPTROTH,
K. SMITH, SONNEY, STURLA, THOMAS, TRUE, VEREB, WAGNER, WALKO,
WATSON, J. WHITE AND YOUNGBLOOD, APRIL 7, 2008
REFERRED TO COMMITTEE ON EDUCATION, APRIL 7, 2008
AN ACT
1 Amending the act of March 10, 1949 (P.L.30, No.14), entitled "An
2 act relating to the public school system, including certain
3 provisions applicable as well to private and parochial
4 schools; amending, revising, consolidating and changing the
5 laws relating thereto," further providing for exceptional
6 children, education and training.
7 The General Assembly of the Commonwealth of Pennsylvania
8 hereby enacts as follows:
9 Section 1. Section 1372 of the act of March 10, 1949
10 (P.L.30, No.14), known as the Public School Code of 1949, is
11 amended by adding a clause to read:
12 Section 1372. Exceptional Children; Education and
13 Training.--* * *
14 (9) Burden of Proof and Time Limitations Relating to
15 Exceptional Children.
16 (i) In all proceedings related to the provision of a free
1 appropriate public education for exceptional children, including
2 whether children are being educated in the least restrictive
3 environment, the local educational agency responsible for
4 providing education to the student with disabilities shall have
5 the burden of proof, the burden of production and the burden of
6 persuasion in any such proceeding, except with respect to any
7 determination of the appropriateness of any private school
8 placement unilaterally selected by a parent or guardian, the
9 burden of proof, production and persuasion shall rest upon the
10 student, the student's parent or the student's guardian.
11 (ii) School districts and intermediate units that seek to
12 evaluate a child under IDEA must complete the evaluation within
13 sixty (60) calendar days of receipt of permission from the
14 parent or guardian to perform the evaluation.
15 Section 2. This act shall take effect in 60 days.
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