HB 2697

                                                PRINTER'S NO.   3776
                THE GENERAL ASSEMBLY OF PENNSYLVANIA
                    HOUSE BILL
                    No. 2697
                                          Session of
                                            2026
INTRODUCED BY WEBSTER, HANBIDGE, STEELE, GUZMAN, McNEILL, ABNEY,
   OTTEN, SANCHEZ, MALAGARI, CEPEDA-FREYTIZ AND CURRY,
   JULY 13, 2026
REFERRED TO COMMITTEE ON EDUCATION, JULY 15, 2026
                               AN ACT
1 Amending the act of March 10, 1949 (P.L.30, No.14), entitled "An
2    act relating to the public school system, including certain
3    provisions applicable as well to private and parochial
4    schools; amending, revising, consolidating and changing the
5    laws relating thereto," in pupils and attendance, further
6    providing for exceptional children and education and
7    training.
8    The General Assembly of the Commonwealth of Pennsylvania
9 hereby enacts as follows:
10    Section 1.    Section 1372 of the act of March 10, 1949
11 (P.L.30, No.14), known as the Public School Code of 1949, is
12 amended by adding a paragraph to read:
13    Section 1372.    Exceptional Children; Education and
14 Training.--* * *
15    (9)   Burden of Proof for Exceptional Children.
16    (i)   Whenever a due process hearing is held in accordance
17 with the Individuals with Disabilities Education Act (Public Law
18 91-230, 20 U.S.C. § 1400 et seq.) regarding the identification,
19 evaluation, reevaluation, classification, educational placement
20 or disciplinary action of, or the provision of a free
1 appropriate public education to, an exceptional child, and a
2 local educational agency is a party:
3    (A)    Except as provided in clause (B), the local educational
4 agency has the burden of proof.
5    (B)    In a case involving a determination of the
6 appropriateness of a private school placement unilaterally
7 selected by a parent or guardian of the exceptional child, the
8 parent or guardian of the exceptional child has the burden of
9 proof.
10    (ii)    As used in this subsection, the term "local educational
11 agency" shall have the same meaning as given to that term in 20
12 U.S.C. § 1401(19) (relating to definitions).
13    Section 2.    This act shall take effect in 60 days.
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