THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

INTRODUCED BY BROWNE, FONTANA, ERICKSON, COSTA, STACK, WASHINGTON AND MENSCH, FEBRUARY 23, 2011

REFERRED TO EDUCATION, FEBRUARY 23, 2011  

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 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

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.