THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

INTRODUCED BY BROWNE, BAKER, LEACH, ERICKSON, O'PAKE, MENSCH, MUSTO AND WASHINGTON, JANUARY 26, 2010

REFERRED TO EDUCATION, JANUARY 26, 2010  

AN ACT

Amending the act of March 10, 1949 (P.L.30, No.14), entitled "An

act relating to the public school system, including certain

provisions applicable as well to private and parochial

schools; amending, revising, consolidating and changing the

laws relating thereto," further providing for exceptional

children, education and training.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Section 1372 of the act of March 10, 1949

(P.L.30, No.14), known as the Public School Code of 1949, is

amended by adding a clause to read:

Section 1372.  Exceptional Children; Education and

Training.--* * *

(9)  Burden of Proof and Time Limitations Relating to

Exceptional Children.

(i)  In all proceedings related to the provision of a free

appropriate public education for exceptional children, including

whether children are being educated in the least restrictive

environment, the local educational agency responsible for

providing education to the student with disabilities shall have

the burden of proof, the burden of production and the burden of

persuasion in any such proceeding, except with respect to any

determination of the appropriateness of any private school

placement unilaterally selected by a parent or guardian, the

burden of proof, production and persuasion shall rest upon the

student, the student's parent or the student's guardian.

(ii)  School districts and intermediate units that seek to

evaluate a child under the Individuals with Disabilities

Education Act (Public Law 91-230, 20 U.S.C. § 1400 et seq.) must

complete the evaluation within sixty (60) calendar days of

receipt of permission from the parent or guardian to perform the

evaluation.

Section 2.  This act shall take effect in 60 days.