Legislators and Advocates Speak Out Against Connecticut Special Education Bills

Some lawmakers, parents, and advocates are rallying against legislation they say will harm special needs students in Connecticut. The bills in question would change the process for determining whether school districts are providing appropriate education for special needs students. Right now, the burden is on the school districts to prove their plans are adequate to qualify for federal funding.

Parent and special-education advocate Julie Swanson says the Republican-proposed laws would shift that responsibility to parents. "With the shift in burden of proof, it would be the parents who have to prove that the student is receiving a free, appropriate public education," said Swanson.

Attorney Andrew Feinstein handles these cases in Connecticut, and he said many superintendents are eager to push the burden of proof onto parents. He said superintendents have told him "the presumption should be that school districts are operating appropriately, and if youre claiming that they're not, the burden should be on the parent to demonstrate that."

Democratic state Senator Bob Duff is standing against the proposal.  He said 36% of students with special needs live in families earning under $25,000 a year, while two-thirds of students with disabilities come from families earning under $50,000 a year. "Parents without means have a difficult time finding lawyers, and to change the burden of proof would be very, very difficult for them," Duff said.

The legislation is currently up for debate in the Connecticut legislature's Education Committee, and bill sponsors didn't return our calls for comment.