Bruden of Proof at Due Process Hearings in Special Education

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  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.421

    420.

    N.J.S.A. 18A:46-1.1. See also NJDOE guidance

    dated January 28, 2008, soon to appear at

    http://www.nj.gov/education/specialed/.