IMPORTANT STATE HOUSE HEARING

* Reinstate Attorney's Fees to encourage settlement
* Assign Burden of Proof to school districts to promote fair process

WHAT: State House Special Education Legislative Hearings
WHEN: October 11, 2011, 10 a.m.

WHERE: State House, Room A-2,

The Joint Education Committee will conduct a hearing on OCTOBER 11, 2011 at 10:00 a.m. in Room A-2 of the State House where testimony will be heard on important special education bills that have been filed this session to reinstate important protections to level the playing field for students with disabilities.

Parents and Advocates are encouraged to come to show support for the bills and visit your legislators.

If you are unable to attend the Oct 11th hearing, please call or e-mail your own state representative and state senator and ask them to support these important special education bills. (If you are not sure who your representative is visit www.wheredoIvotema.com)

PHONE CALLS, LETTERS, E-MAILS ARE EXTREMELY EFFECTIVE!



Ask your representative and senator to please support the following bills:

1) H. 168 An Act Relative to Equal Educational Opportunities for Students with Disabilities

(Lead Sponsor: Rep. Speliotis)

--- Reinstate Attorney's Fees to Encourage Settlement and Reduce Costs:

This bill addresses the right of parents to recover attorney's fees when their special education case settles as a result of their due process appeal. In 2001, a Justice Rehnquist decision by the US Supreme Court (Buckhannon, 2001) effectively created a two-tier system, barring many low and middle-income families from accessing special education rights and services by stating that attorney's fees could not be awarded if they prevail through settlement. This bill would reinstate parents' rights to recover attorney's fees as previously available prior to 2001. This is critical to encourage prompt resolution and settlement of disputes, reduce litigation costs for families and school districts, reduce the lengthy delays which harm children deprived of essential services for months and sometimes years, and help ensure that children of all income levels receive equal educational opportunities.

-- AND --

2) S. 203 An Act to Provide Fair Process for Students with Disabilities ("Burden of Proof")

(Lead Sponsors: Sen. Eldridge, Rep. Wolf )
--- Assign Burden of Proof to School Districts to Promote Fair Process:

This bill establishes that school districts have the burden of proof in special education cases brought to the Bureau of Special Education Appeals (BSEA), reinstating Massachusetts procedural practice that was set aside following a decision by the U.S. Supreme Court (Schaffer, 2005). The Supreme Court's decision effectively required parents to carry the burden of proof in the majority of cases under federal law. As emphasized by the dissent, however, districts have significantly greater access to the information, expertise, and resources required for litigation than parents, and placing the burden of proof on parents creates an unfair onus on families trying to achieve equal educational opportunities for their children. The burden of proof should be assigned to school districts as a matter of fairness to level the playing field, and to help deter costly disputes.

Please visit www.massadvocates.org for further information about these and other important bills that will be heard by the Joint Education Committee on October 11, including H. 1950 An Act to Promote Inclusive Transition Programs for Students with Severe Disabilities, S. 193 An Act to Maintain Short Term Objectives for Students with Disabilities, and H. 1040 An Act to Promote Cost-effective, High Quality In-District Programs for Students with Disabilities.

If you have any questions, please contact Johanne Pino at jpino@massadvocates.org or call her at 617-357-8431 x 234