Public Advocate To Testify in Support of Schools Bearing Burden of Proof

TRENTON, NJ – Public Advocate Ronald K. Chen will testify before the Senate Education Committee tomorrow on legislation to help children in special education programs.

The committee will meet at 1 p.m. in the State House Annex in Committee Room 6 on the first floor.

Chen will testify in support of S-2604, sponsored by Sen. Stephen M. Sweeney, D-Gloucester.

If passed, the bill would return New Jersey to its previous practice of requiring school districts to prove a student’s individual education plan is meeting the child’s needs when parents challenge that plan.

For 17 years, New Jersey had operated under the policy that when a family challenges the school’s plan for a child with special needs, the school should prove it is providing an effective education for the child. 

But federal court rulings changed that in 2005 and 2006 and placed the responsibility on the party who challenges the plan.  These federal rulings have weakened parents’ ability to advocate for their children.  Low-income parents of children with special needs are at a particular disadvantage because they cannot afford to hire lawyers to argue their case.

The Department of the Public Advocate closely studied the issue and in February 2007 released a report critical of the shift in law.  In the report, the Public Advocate argued that it is unfair to place the burden of proof on families because they lack access to information that could help prove their claims.

The Assembly Education Committee approved the identical bill, A-4076 in the lower house, in May.

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