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Wednesday, June 13, 2007

Call NY Gov: School Districts - Not Parents Should Bear the Burden!

PLEASE ACT IMMEDIATELY TO LET GOVERNOR SPITZER KNOW FIRST-HAND WE
NEED HIS SUPPORT!

PLEASE CALL OR FAX GOVERNOR SPITZER BEFORE 5pm TUESDAY OR WEDNESDAT
AT 518-474-8390 / 518-474-1041 or FAX (anytime)474-1513, and say/write:

"Governor Spitzer. I am a family member (friend) of a special
needs students. Assemblywoman Cathy Nolan and Senator Andrew Lanza
have introduced legislation, Assembly bill 5396 and Senate bill 5972,
that requires school districts, not parents, bear the burden of proof in
special education hearings. Please support this bill now and please
sign off on this bill when it passes Assembly and Senate. We are
asking you to help our most vulnerable families protect their child's right
to an appropriate public education."

ADDITIONAL BACKGROUND FYI:
This legislation would remedy the U.S. Supreme Court decision from a
year ago in Schaffer v. Weast, which turned the clock back decades
for children with disabilities. In the absence of a state law to the
contrary, this court decision forces parents to bear the burden of
proof in special education hearings over their child's Individual
Education Plan (IEP). Parents, therefore, are charged with
presenting their case, making legal arguments, examining and cross examining
witnesses, including hostile witnesses, and adhering to the
procedural requirements of a hearing. For those parents unable to afford legal
representation, this burden is unjust and often impossible. The
Legislature must restore the pre-Schaffer status quo that existed in
New York since 1975 which was the inception of special education.
Until this bill passes and is signed into law, most parents, especially
those of limited means, DO NOT STAND A CHANCE if they must defend their
child's right to a Free and Appropriate Public Education.

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