Maryland Senate Bill SB926

Maryland 2023 Regular Session

• Introduced: 2/16/23
• Refer: 2/16/23
• Refer: 2/23/23

Caption

County Boards of Education - Due Process Proceedings for Children With Disabilities - Burden of Proof

Impact

The enactment of SB926 is expected to significantly influence how disputes between parents and education boards are resolved. By placing the onus of proof on the education boards, this bill supports parents by making it more challenging for boards to deny claims related to the provision of adequate education. This change aligns with federal guidelines regarding the education of children with disabilities, aiming to enhance protections for these students and their families. The bill reinforces the commitment to ensuring that children receive educational benefits consistent with the law.

Summary

Senate Bill 926 requires county boards of education in Maryland to bear the burden of proof in due process proceedings that arise from complaints regarding the provision of special education services for children with disabilities. This law aims to ensure that parents have a clear path when addressing disputes about their child's educational needs, shifting the responsibility of proving adequacy and compliance from the parents to the school boards. The legislation specifically details conditions under which this burden may shift back to parents, particularly in cases where parents unilaterally place their children in nonpublic schools and seek reimbursement for tuition.

Contention

While the bill has garnered support from advocates for children with disabilities and their families, there are concerns regarding its impact on school boards. Some argue that shifting the burden of proof could lead to increased litigation and resource strain on local education agencies. Additionally, there are fears that this legislation may potentially foster a climate of inconsistency in how cases are handled, as educational boards work to develop responsive policies against this heightened standard. Balancing parental rights with the operational realities of school systems will likely be a point of ongoing discussion.