New York A06636 shifts the burden of proof in appeal procedures for children with handicapping conditions to the parent or person in parental.
New York A06636 amends the education law to change the burden of proof in appeal procedures for children with handicapping conditions. Under the new law, the parent or person in parental relationship will bear the burden of proof, including the burden of persuasion and burden of production, in any impartial hearing. The decision of the hearing officer will be binding unless appealed to the state review officer. The commissioner will establish a training program for impartial hearing officers, ensuring they meet specified qualifications.
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