Litchfield (Conn.) School Board's Petition to State Education Department Remains on Hold

Marion Herbert's picture
Monday, November 21, 2011

The Litchfield (Conn.) Board of Education, among other educational entities, will have to wait longer for a possible state mandate transferring the burden of proof from school districts to the moving party.

Litchfield’s Board of Education unanimously adopted a resolution requesting Connecticut’s Board of Education to “take immediate action to repeal or revise” where the burden of proof falls during special education due process hearings.

These hearings usually stem from a guardian’s disagreement with the school district’s evaluation or placement of their disabled or special educational needs students.

State and federal laws require a “due process” hearing should a disagreement arise, and the hearing can involve legal representation and litigation.

Connecticut State Board of Education met in early November to discuss such a change — one the Litchfield board petitioned favorably — but after a lengthy discussion, decided to table the decision until its March meeting.

The meeting’s minutes, still unapproved until the December monthly meeting, said state education officials requested a workshop on the regulations for a later date in time. This will allow for questions and further discussion, the minutes state.

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