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Parents and advocates urge shift of due-process burden to districts in H.4217
Summary
Representative Sullivan and families backed H.4217, which would shift the burden of proof in special-education disputes from parents to school districts; parents described lengthy, costly legal fights and urged greater fairness and earlier interventions.
Representative Sullivan introduced H.4217, which would shift the burden of proof in special-education due-process disputes from parents to school districts. Supporters — including parents who described multi-year struggles and a non-attorney special-education advocate — said the current system requires families to marshal data and legal resources they often do not possess.
Kelly Dwyer and her son Brody (who testified) described years of missed early identification and services for dyslexia that left Brody fearing school and his family pursuing outside evaluations and legal support before home schooling improved outcomes. "No child should have to endure failure before receiving appropriate services," Kelly Dwyer told the committee.
Gretchen Fishman, a special-education advocate, said decades of data show that placing the burden on parents skews outcomes and that when states shift the burden to districts, the process becomes more collaborative and focused on the student. Karen Curley, a former educator, described representing herself in a special-education appeal and said: "The process felt set... stacked against me."
Witnesses urged the committee to adopt H.4217 and to create an equitable-access commission to monitor outcomes, enforce consistent documentation, and reduce the financial and emotional burdens on families. The committee closed the hearing on H.4217 after testimony and invited written submissions.
