OLYMPIA – A bill addressing a crucial issue in special education passed the Senate on Wednesday.
Senate Bill 5883, sponsored by Sen. Yasmin Trudeau (D-Tacoma), promotes equity by placing the burden of proof on school districts in due process hearings. Under the Individuals with Disabilities Education Act (IDEA), parents and school districts have the right to request due process hearings on matters like identification, evaluation, and educational placement of students.
Currently, parents face financial strain hiring attorneys and navigating the complex process of proving a negative. This disadvantage disproportionately affects those with limited resources and language barriers, jeopardizing a crucial accountability check for students and their Individualized Education Programs (IEP). This bill establishes that school districts in Washington state bear this responsibility, given that they have the resources and information needed for creating and implementing an Individualized Education Plan.
“This legislation is a big step toward fairness and equity in special education,” Trudeau said. “By shifting the burden of proof to school districts, we empower families, guaranteeing every child the right to appropriate services. This change promotes efficiency, reduces costs, and ensures accountability, creating a brighter future for our students.”
The bill draws inspiration from successful models in six states, aiming to expedite resolutions without risking an influx of damages. It seeks to establish a fair, efficient, and equitable special education due process system, ensuring students receive the services they rightfully deserve.
The bill now heads to the House for consideration.
