2012 -- H 7218

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LC00295

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STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2012

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A N A C T

RELATING TO EDUCATION -- CHILDREN WITH DISABILITIES

     Introduced By: Representatives Naughton, Palumbo, Morrison, Silva, and Slater

     Date Introduced: January 24, 2012

     Referred To: House Health, Education & Welfare

It is enacted by the General Assembly as follows:

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     SECTION 1. Chapter 16-24 of the General Laws entitled "Children with Disabilities" is

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hereby amended by adding thereto the following section:

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     16-24-19. Burden of production and proof. – The party who filed for an impartial due

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process hearing pursuant to 34 CFR Section 300.507 et seq. has the burden of going forward with

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the evidence. In all cases, however, the public agency has the burden of proving the

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appropriateness of the child’s program or placement, or of the program or placement proposed by

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the public agency. This burden shall be met by a preponderance of the evidence.

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     SECTION 2. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N A C T

RELATING TO EDUCATION -- CHILDREN WITH DISABILITIES

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     This act would require that the party who files for an impartial due process hearing

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pursuant to 34 CFR Section 300.507 et seq. has the burden of going forward with the evidence

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and the public agency has the burden of proving the appropriateness of the child’s program or

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placement or the proposed program or placement. The burden to be met is a preponderance of the

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evidence.

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     This act would take effect upon passage.

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