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Special Education: Changes to the Burden of Proof for Due Process in Washington State

In participation with the Washington Council of Administrators of Special Education (CASE) Board, F3 Partner Jonathan Read spoke to WA administrators on the recent changes to the burden of proof. 

He discussed the March 13, 2024, change where Governor Inslee signed Senate Bill 5883, which places the burden of proof in due process hearings on the school district, except in cases where the parent is seeking tuition reimbursement for a unilateral parental placement. He noted that Washington now joins six other states that place such burden on the district, instead of on the party requesting the hearing. 

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