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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| SENATE BILL |
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| INTRODUCED BY BROWNE, FONTANA, ERICKSON, COSTA, STACK, WASHINGTON AND MENSCH, FEBRUARY 23, 2011 |
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| REFERRED TO EDUCATION, FEBRUARY 23, 2011 |
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| AN ACT |
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1 | Amending the act of March 10, 1949 (P.L.30, No.14), entitled "An |
2 | act relating to the public school system, including certain |
3 | provisions applicable as well to private and parochial |
4 | schools; amending, revising, consolidating and changing the |
5 | laws relating thereto," further providing for exceptional |
6 | children, education and training. |
7 | The General Assembly of the Commonwealth of Pennsylvania |
8 | hereby enacts as follows: |
9 | Section 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 |
11 | amended by adding a clause to read: |
12 | Section 1372. Exceptional Children; Education and |
13 | Training.--* * * |
14 | (9) Burden of Proof for Exceptional Children. In all |
15 | proceedings related to the provision of a free appropriate |
16 | public education for exceptional children, including whether |
17 | children are being educated in the least restrictive |
18 | environment, the local educational agency responsible for |
19 | providing education to the student with disabilities shall have |
20 | the burden of proof, the burden of production and the burden of |
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1 | persuasion in any such proceeding, except with respect to any |
2 | determination of the appropriateness of any private school |
3 | placement unilaterally selected by a parent or guardian, the |
4 | burden of proof, production and persuasion shall rest upon the |
5 | student, the student's parent or the student's guardian. |
6 | Section 2. This act shall take effect in 60 days. |
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