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PRINTER'S NO. 580
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
541
Session of
2017
INTRODUCED BY BROWNE, GREENLEAF, COSTA, MENSCH, BREWSTER AND
RAFFERTY, MARCH 24, 2017
REFERRED TO EDUCATION, MARCH 24, 2017
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," in pupils and attendance, 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 paragraph to read:
Section 1372. Exceptional Children; Education and
Training.--* * *
(9) Burden of Proof for Exceptional Children. In a
proceeding related to the provision of a free appropriate public
education for exceptional children, including whether a child is
being educated in the least restrictive environment, the local
educational agency responsible for providing education to the
child with exceptionalities shall have the burden of proof, the
burden of production and the burden of persuasion in the
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proceeding, except with respect to a determination of the
appropriateness of a private school placement unilaterally
selected by a parent or guardian, the burdens of proof,
production and persuasion shall rest upon the student, the
student's parent or the student's guardian.
Section 2. This act shall take effect in 60 days.
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