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FOR IMMEDIATE RELEASE |
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State
Rep. Barb McIlvaine Smith
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McIlvaine Smith introduces bill designed to help parents in
special education disputes with schools
HARRISBURG, July 17 – State Rep. Barb McIlvaine Smith, D-Chester, has introduced a bill (H.B. 2718) that she said would help to ensure children in special education programs receive the services they need from their school districts.
Special education services for children with disabilities are mandated by the federal government in the Individuals with Disabilities Education Act. IDEA requires that these students have an individual education plan created by the parents or guardians and school district personnel. Under McIlvaine Smith's legislation, when parents believe an IEP is not being followed, it would be the school district's responsibility to prove that it is, rather than the parents' responsibility to prove that it is not.
"Families of special education students are afforded the right to a due process hearing when they feel that the school district is not providing services as designated in the child's IEP," said McIlvaine Smith, who serves as chairwoman of the House Subcommittee on Special Education. "Currently, though, in Pennsylvania the burden of proof resides with the parents. That puts parents at a disadvantage because the school district can use all of its resources to dispute claims made by parents, many of whom can't afford an attorney."
McIlvaine Smith's bill mirrors legislation that was recently enacted in New Jersey. There are 11 other states, as well as the District of Columbia, that place the burden of proof in IEP disputes on the school district.
"An IEP is a team effort to give children with special needs the best chance possible to succeed in school," McIlvaine Smith said. "I believe most teachers, parents and school administrators are working together to implement them. However, when a school district is not abiding by the IEP, it is the student who suffers. I feel that if the burden of proof were placed on the districts, then perhaps schools would be more diligent in carrying out IEPs."
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