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Bill Title

Burden of production and proof; unilateral placement:


State Support for Military Families With Special Education Needs (Reduce Burdens)
Passed 07/01/2000


The party who filed for due process has the burden of going forward with the evidence. In all cases, however, the public agency has the burden of proving the appropriateness of the child’s program or placement, or of the program or placement proposed by the public agency. This burden shall be met by a preponderance of the evidence, except for hearings conducted pursuant to 34 CFR Section 300.521.


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