OLYMPIA – A bill addressing a crucial issue in special education was signed into law by Gov. Jay Inslee 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 relating to special education. 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.
Current federal law is silent on who bears the burden of proof in these proceedings. This bill establishes that school districts in Washington state would bear this responsibility. 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).
“The signing of this bill into law marks a pivotal moment in our efforts to promote fairness and equity within the special education system,” Trudeau stated. “By shifting the burden of proof to school districts, this legislation empowers families and ensures that every child receives the necessary services and education. It’s a significant step toward efficiency, cost reduction, and increased 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 goes into effect on June 6.
