Resolution - Resolution on Due Process for Special Education

WHEREAS, Assemblywoman Sally Lieber has introduced AB2717 to continue the sound practice that requires school districts rather than parents, to be the burden of proof in impartial due process hearings arising out of a student’s special education programs.

WHEREAS, this was the practice in California and 33 others states prior to 2005 and has served as an essential tool in protecting the rights of children with disabilities to receive a Free and Appropriate Public Education, as guaranteed by Congress under the Individuals with Disabilities Education Act (IDEA); and ,

WHEREAS, recent amendments to IDEA and the Schaffer decision have made it much more difficult for students to prevail at impartial hearings. And of course, the students and families who suffer most are those who cannot afford attorneys, who do not speak English as their first language or who are unable to advocate effectively due to circumstances of their lives; and ,

WHEREAS, AB2717 simply puts into statue what was already the practice in California for over a decade and will not cause school districts to incur any additional costs and is vital in order to maintain a level playing field between school districts and parents.

Approved this 11th day of July 2008.
Rosa Rosales
LULAC National President