PRINTER'S NO. 2133
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1507
Session of
2015
INTRODUCED BY TRUITT, THOMAS, BARRAR, DRISCOLL, D. MILLER, WARD,
McGINNIS AND V. BROWN, AUGUST 21, 2015
REFERRED TO COMMITTEE ON EDUCATION, AUGUST 21, 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," 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 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
students with disabilities are being educated in the least
restrictive environment, the local educational agency
responsible for providing education to the students shall have
the burden of proof, the burden of production and the burden of
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persuasion in the proceedings, except with respect to a
determination of the appropriateness of a private school
placement unilaterally selected by a parent or guardian, the
burden of proof, production and persuasion shall be on 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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