Attention MABE members: MABE is opposing House Bill 294, “County Boards of Education – Due Process Proceedings for Children with Disabilities – Burden of Proof” (https://bit.ly/3Jx4Fqr). Maryland has mandated expanded special education procedures and services beyond federal requirements, and done so without shifting the burden of proof, backed by multiple earlier bills.
In Maryland and nearly all states, the party initiating the action in a special ed due process hearing (whether the parents or school system) bears the burden of proof. This is consistent with the assignment of burden of proof in the American legal system, and with the 2005 Supreme Court case Schaffer v. Weast.
What MABE members can do:
Please contact Ways & Means Committee Members (https://bit.ly/3RpTlyu) to express your opposition to House Bill 294. Your involvement makes a real difference! The Committee’s related hearing on House Bill 294 is scheduled for Feb 8, 2023.