NY Gov signs!!!! Thanks!!! | Autism PDD

NY now is one state in which the Burden of Proof is back with the Districts. That means, if NY parents bring an Impartial Hearing, the District will have to prove it is right...the parents don't have to prove that the District is wrong (which is way harder to do and much more expensive). For those people who live in states where the Burden of Proof is not assigned by state law or where the Burden of Proof is on the party that brings the hearing, I'd suggest writing to your own state legislators to see if you can get a state law passed that overturns Shaefer v Weast in your state.

Thanks to ALL who helped with this. (BTW, I found out because I happened to be on the phone with a NYC, in-the-know lawyer just as she opened an email from a lobbyist she's in touch with who said he saw the Gov. sign it -- what luck.

this is awesome Hooray!!Thanks for the update!I was just wondering if we'd get an update on it today. Hooray! I must have been my e-mails

Thank you Tzoya! As always, you keep us parents aware of what's going on to make a difference for our kids. I'm in NY and I'm THRILLED about this! I had a LOT of people write & call for us but it would've never happened without you sharing this important info!

Terrific! I am very happy to hear this news. One small step.....

Great job, as usual, Tzyoa!

wow! Awsome, and results came rather quickly at that. Im glad this is a battle won for the average NY middle class resident, familes struggle to survive and actually have a decent living condition and this helps alot. I hope the rest of the nation soon follows.

Here's the governor's press release. Perhaps the govs of other states ought to see it:

http://www.state.ny.us/governor/press/0816073.html

FOR IMMEDIATE RELEASE:
August 16, 2007
GOVERNOR SPITZER SIGNS LEGISLATION SHIFTING BURDEN OF PROOF TO SCHOOL
DISTRICTS IN DISPUTES OVER SPECIAL EDUCATION PROGRAMS
New Law Reinstates Long-Standing Approach to Hearing Process

Governor Eliot Spitzer today announced that he has signed legislation
creating a fair and effective process for parents of children with
disabilities who chose to challenge school districts' decisions about which
educational services are appropriate for their children.

This new law puts the burden on the school district to prove that it is
satisfying its legal obligation to provide an appropriate individualized
education program for a student with a disability. At the same time, the law
strikes a balance between a parent's desires for private placements and a
school district's obligation to pay for costly out-of-district services by
requiring parents to prove that a private placement outside of the school
district is more appropriate for their child.

"Determining which services are most appropriate for our disabled children
is important to ensuring that every child has the opportunity to succeed,"
said Governor Spitzer. "This bill rightly places the burden of proof on
school districts that have the expertise needed to assess options and the
responsibilities for implementing individualized educational plans. The
bottom line here is that we need to have a system that works in the best
interest of children."

Asseblywoman Catherine Nolan said, "As the sponsor of this legislation in
the Assembly, and Chair of the Assembly's Education Committee, I am happy
that the families of our state have prevailed. This new law restores to our
New York families their ability to fairly advocate for their children's
educational needs. The 2005 United States Supreme Court decision in Shaffer
v. Weast simply got the law wrong for New York, and I am grateful to
Governor Spitzer for signing this important legislation."

Senator Andrew J. Lanza said, "This legislation delivers educational justice
for children with disabilities and their families. Families of children with
disabilities already face enough challenges in securing an appropriate
education. The school system, not the parents, should bear the burden of
providing an appropriate education for special education students and this
legislation will ensure that the basic educational life of our most
vulnerable students will not be violated. I want to thank Assemblywoman
Nolan, Majority Leader Bruno, Speaker Silver and Governor Spitzer for their
leadership in enacting this historic legislation."

Under the federal Individuals with Disabilities Education Act (IDEA), every
child with a disability is entitled to receive a "free appropriate public
education." To that end, school districts are required to develop a plan to
meet the specific needs of each child with a disability. The IDEA protects
children's rights by giving parents and school districts the right to an
administrative hearing if they cannot agree on which services the child
needs.

For more than 30 years, when these administrative hearings were brought in
New York, school districts were required to prove the appropriateness of the
individualized education program. A 2005 U.S. Supreme Court ruling put the
burden of proof on the party requesting an administrative ruling, most often
parents, for all states that did not have a specific law or regulation on
this issue. Because New York did not have a law or regulation on this
subject, the Supreme Court's decision effectively reversed the State's
longstanding rule.

Tzoya - Thanks for posting the press release. I included a copy of it in an e-mail I just sent to Governor Doyle of Wisconsin. I simply indicated I wanted to bring the matter to his attention.

Awesome news!! We did a good job lol.I'm sure it was. ALL of our emails. I got wind that the Gov. was SNOWed and totally overwhelmed by the parent response! Hooray for us!Ahhhhhhhhhhhh- I love NY!awesome!Woohoo - great job everyone!...and the precedent is set for Florida.