09/12/2025
If a parent files with the Bureau of Special Education Appeals (BSEA) they have the burden of proof to present their case showing (most times) the school district is not providing a Free Appropriate Public Education. This can be very costly regardless of which side has the burden, however requiring the school district's to have the burden would be much less cumbersome on the parents when presenting these cases. Contact your legislator to make this bill come law.
The relevant except from the text of the bill below:
Bill H.4217
SECTION 1. Section 2A of chapter 71B of the General Laws, as appearing in the 2022 Official Edition, is hereby amended by adding the following subsection:-
(f) In all due process hearings conducted by the bureau of special education appeals under the: (i) Individuals with Disabilities Education Act, 20 U.S.C. 1400 et seq.; (ii) Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. 794; or (ii) any general or special law or regulation governing general and special education rights and protections against discrimination and harassment, the school district shall have the burden of proof, including the burden of persuasion and production, of the proposed individualized education program, Section 504 plan or other educational decisions or actions by the bureau of special education appeals are appropriate, provide a free and appropriate public education and do not constitute discrimination or harassment. The burden of proof shall be met by a preponderance of the evidence. This provision shall aim to ensure that parents and families have equitable access to due process and that school districts are held accountable for their educational decisions.
SECTION 2. Section 3 of said chapter 71B, as so appearing, is hereby amended by inserting after the thirteenth paragraph the following paragraph:-
In all due process hearings conducted by the bureau of special education appeals under the: (i) Individuals with Disabilities Education Act 20 U.S.C. 1400 et seq.; (ii) Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. 794; or (iii) any general or special law or regulation governing general and special education rights and protections against discrimination and harassment, the school district shall have the burden of proof, including the burden of persuasion and production, of the proposed individualized education program, Section 504 plan or other educational decisions or actions by the bureau of special education appeals are appropriate, provide a free and appropriate public education and do not constitute discrimination or harassment. The burden of proof shall be met by a preponderance of the evidence. This provision shall aim to ensure that parents and families have equitable access to due process and that school districts are held accountable for their educational decisions.
