TRENTON – A measure sponsored by Senator Steve Sweeney which would return the burden of proof in special education cases to school districts was unanimously approved today by the full Senate.
“It only makes sense to require school districts to bear the burden of proof in these disputes because they have access to detailed educational records and resources that outline the needs for special education curricula, as well as knowledge of federal and state laws regarding special education,” said Senator Sweeney, D-Gloucester, Cumberland and Salem. “This is not a new issue here in New Jersey. Over the years, the Supreme Court has heard a number of similar cases and most recently, it has deemed that most parents have neither the financial means, nor the detailed knowledge of special education issues.”