Carmen Alvarez responds to Burden of Proof Legislation in support of parents’ due process rights

Jul 21, 2006 3:05 PM

Pat Miller, Chairperson
District 75 Parent Coalition
78 Dewey Avenue
Staten Island, NY 10308

Re:  Burden of Proof Legislation
S #8354 / A# 11965

Dear Mrs. Miller,

I am writing in response to your recent inquiry regarding the interest of the United Federation of Teachers in the above-referenced legislation. 

We supported the bill for many reasons.  When school districts fail or refuse to provide services students with disabilities need to meet the high standards set for all students, our members must rely on parents to exercise their due process rights to secure those services.  Indeed, without the real “threat” of a hearing, school districts intent on saving money or frustrated with the difficulty of providing the individualized supports students need, will have little incentive to do so.  Recent amendments to the Individuals with Disabilities Education Act made it much more difficult for parents to prevail at impartial hearings.  Of course, the parents who suffer the most are those who cannot afford attorneys, who do not speak English as their first language or who are unable to effectively advocate on their children’s behalf due to the circumstances of their lives or lack of education.

I am attaching the Memorandum to the Governor prepared by Stephen K. Allinger, NYSUT Director of Legislation which more fully explains the reasons we support this legislation. 

Thank you for reaching out to us on this important issue.

Sincerely,

 

Carmen Alvarez
Vice President, Special Education

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