Lunch & Learn – Burden of Proof

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Change in the Burden of Proof for Due Process in Washington

On March 13, 2024, Governor Inslee signed Senate Bill 5883, which places the burden of proof in due process hearings on the school district, except in cases where the parent is seeking tuition reimbursement for a unilateral parental placement.  Washington now joins six other states that place such burden on the district, instead of on the party requesting the hearing.  Today’s Lunch and Learn examines burden of proof in the context of the IDEA and SB 5883.  The session will cover what “burden of proof” means, dissect the language of SB 5883 and discuss how the change will impact due process hearing strategies for school districts in Washington. 

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