Concerning burden of proof for special education due process hearings.: SB 5883

This legislation establishes that a school district has the burden of proof, including the burden of persuasion and production, whenever it is a party to a due process hearing. The statute is applicable to hearings regarding the identification, evaluation, reevaluation, classification, educational placement, disciplinary action, or provision of a free appropriate public education for a student with a disability. The burden of proof must be met by a preponderance of the evidence.