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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. 

College Place Public Schools is seeking a Director of Student Support Services with an emphasis on a Multi-Tiered System of Support. More information can be found HERE

Carlos Chavez from Pacifica Law Group will discuss what constitutes a substantial change of placement and when a new evaluation needs to be completed. How do inclusionary practices intersect with placement decisions? What is considered a placement versus a service? Current case law and OSERS guidance will also be highlighted.

May 25 | 11:00-12:30

Join Washington CASE and Pacifica Law Group’s Carlos Chavez, on January 25 from 11:30 AM to 1:00 PM, for a lunch & learn hot topic session about Dyslexia, recent decisions affecting case law, and Dyslexia in the state of Washington. This lunch & learn session will include a presentation of information and an opportunity to pose questions to Mr. Chavez.

The Arc of King County is hosting a panel discussion on Tuesday, January 24 from 5:00 to 7:00 PM. All panelists have experienced restraint and isolation and will be sharing how it has affected them in their life, including as adults. Audience members will have the opportunity to ask panelists questions about their experiences.

In the newly released Office of Special Education Programs (OSEP) January 2023 newsletter, Director Valerie C. Williams announced the Expect, Engage, and Empower: Successful Transitions for All! Initiative. This initiative aims to improve postsecondary outcomes for special education students and challenges the education and vocational rehabilitation systems to work together to ensure that these students have the knowledge, resources, and support services to make the best choices for their future. All OSEP grantees and any others who may be interested are invited to attend a virtual session, to be announced in the coming month. Additional updates in the director’s newsletter include: Guidance for Common Prior Approval Requests under IDEA Parts B and C; Bipartisan Safer Communities Act Webinar Series; Building Stronger Connections: Selecting High-Quality Evidenced-based Strategies for Safe, Healthy, and Supportive Schools, Part II; Building Stronger Connections: Professional Development and Training for All School Staff on Strategies for Safe, Healthy, and Supportive Schools; Safer Schools and Campuses Best Practices Clearinghouse; and Working Together to Support All Infants and Toddlers with Disabilities.

Read the entire newsletter

Join Washington CASE and Pacifica Law Group’s Carlos Chavez, on January 25 from 11:30 AM to 1:00 PM, for a lunch & learn hot topic session about Dyslexia, recent decisions affecting case law, and Dyslexia in the state of Washington. This lunch & learn session will include a presentation of information and an opportunity to pose questions to Mr. Chavez.