1Amending the act of March 10, 1949 (P.L.30, No.14), entitled "An
2act relating to the public school system, including certain
3provisions applicable as well to private and parochial
4schools; amending, revising, consolidating and changing the
5laws relating thereto," further providing for exceptional
6children, education and training.

7The General Assembly of the Commonwealth of Pennsylvania
8hereby enacts as follows:

9Section 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 
11amended by adding a clause to read:

12Section 1372. Exceptional Children; Education and
13Training.--* * *

14(9) Burden of Proof for Exceptional Children. In all
15proceedings related to the provision of a free appropriate
16public education for exceptional children, including whether
17children are being educated in the least restrictive
18environment, the local educational agency responsible for
19providing education to the student with disabilities shall have

1the burden of proof, the burden of production and the burden of
2persuasion in any such proceeding, except with respect to any
3determination of the appropriateness of any private school
4placement unilaterally selected by a parent or guardian, the
5burden of proof, production and persuasion shall rest upon the
6student, the student's parent or the student's guardian.

7Section 2. This act shall take effect in 60 days.