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                                                      PRINTER'S NO. 4222

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 2718 Session of 2008


        INTRODUCED BY McILVAINE SMITH, THOMAS, BENNINGTON, CAPPELLI,
           DeLUCA, FRANKEL, GEORGE, GOODMAN, HENNESSEY, JOSEPHS,
           LONGIETTI, MAHONEY, MANDERINO, MELIO, MURT, MYERS, RAPP,
           REICHLEY, SAYLOR, BELFANTI, WALKO, J. WHITE AND YOUNGBLOOD,
           JULY 23, 2008

        REFERRED TO COMMITTEE ON EDUCATION, JULY 23, 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," providing for the burden of proof in
     6     due process hearings.

     7     The General Assembly of the Commonwealth of Pennsylvania
     8  hereby enacts as follows:
     9     Section 1.  The act of March 10, 1949 (P.L.30, No.14), known
    10  as the Public School Code of 1949, is amended by adding a
    11  section to read:
    12     Section 1383.  Burden of proof.--Whenever a due process
    13  hearing is held pursuant to the Individuals with Disabilities
    14  Education Act (Public Law 91-230, 20 U.S.C. § 1400 et seq.),
    15  regarding the identification, evaluation, reevaluation,
    16  classification, educational placement, provision of a free,
    17  appropriate education or disciplinary action of a child with a
    18  disability, the school district shall have the burden of proof


     1  and the burden of production.
     2     Section 2.  This act shall take effect immediately.



















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