PRINTER'S NO. 1188
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
762
Session of
2015
INTRODUCED BY BROWNE, COSTA, MENSCH, SCHWANK, HUGHES, FONTANA,
GREENLEAF, TEPLITZ, BREWSTER, WILLIAMS, RAFFERTY AND
DINNIMAN, JULY 23, 2015
REFERRED TO EDUCATION, JULY 23, 2015
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 paragraph to read:
Section 1372. Exceptional Children; Education and
Training.--* * *
(9) Burden of Proof for Exceptional Children. 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
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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.
Section 2. This act shall take effect in 60 days.
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