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Education Law

: Special Education Law Blog

Burden of Proof Proposed to be Put Back on Schools in New Jersey

By Charles Fox

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The New Jersey legislature is considering a bill that would effectively reverse the effect of Shaffer. This law if passed could serve as a ready model for other states to follow to once again put the burden of proof on school districts in due process cases. Apparently, in New Jersey some districts are not even willing to negotiate with parents since Shaffer. While I have not seen districts to be that brazen as a result of Shaffer, I have seen in many instances an increased level of arrogance and "entitlement" that they have an exclusive claim to wisdom at IEP meetings.

Rolling back precedents like Shaffer and Arlington (expert's fees to prevailing parents), as proposed in the IDEA Fairness Restoration Act (see discussion below) would have both a legal and psychological effect at IEP meetings and at hearings. I will continue to monitor the progress of this state law.

Full post as published by Special Education Law Blog on December 01, 2007 (boomark / email).

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