Education Law - SchoolNET

Governor vetoes bill that would have shifted the burden of proof in special education hearings back on school districts

Governor Pataki has vetoed a bill that would have shifted the burden of proof in special education hearings back on school districts in New York. In the 2005 decision entitled Schaffer v. Weast, 126 S. Ct. 528 (2005), the United States Supreme Court ruled the Individuals with Disabilities Education Act places the burden of proof in special education hearings on the party seeking relief. Prior to the Schaffer decision in New York, the burden of proof was on the school district, even though most special education hearings are commenced by parents.

In response to Schaffer, both houses of the New York state legislature passed a bill that would have shifted the burden of proof back on school districts. The bill has been watched closely by educators and school administrators throughout the state. Not surprisingly, it was opposed by a number of school districts and the New York State School Boards Association.

Governor Pataki vetoed the bill July 26, 2006. In his veto message, the governor provided several reasons for his opposition to the bill. The governor explained that the bill could be construed as inconsistent with the Supreme Court’s sound rationale in Schaffer. He also noted that according to the bill’s opponents, it could result in an increased number of hearings and appeals which, in turn, would result in increased costs for school districts. The governor concluded by noting that the United States Department of Education may provide additional guidance on the burden-of-proof issue when it finalizes its new regulations. It is anticipated that those regulations will be finalized later this year. So at least until then, the burden of proof in special education proceedings in New York shall remain on the party that commences the proceeding.

If you have a question about this or any other education law issue, please contact any member of Hodgson Russ’s Education Law Practice Group.