Burden of Proof at Due Process Hearings in Special Education

  1. The Right To A Special Education in New Jersey; A Guide For Advocates; Second Edition 2008
    by the Education Law Center Internet


    Link: http://www.edlawcenter.org/assets/files/pdfs/publications/Rights_SpecialEducation_Guide.pdf


    Quote From Page 35….Burden of Proof at Due Process Hearings School districts in all due process hearings requested after January 13, 2008 bear the burdens of production and persuasion—referred to collectively as the burden of proof— in New Jersey.420 The burden of production requires a party to be the first party to introduce evidence of the appropriateness of its actions, and the burden of persuasion requires it to prove the appropriateness of its actions, including the appropriateness of the child’s IEP and compliance with IDEA’s requirement of the least restrictive environment.421420.N.J.S.A. 18A:46-1.1. See also NJDOE guidance dated January 28, 2008, soon to appear athttp://www.nj.gov/education/specialed/.
Dr. Robert A. Southworth, Jr.

Dr. Robert A. Southworth, Jr.

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