New York 2025-2026 Regular Session

New York Assembly Bill A06636

Introduced
3/6/25  
Refer
3/6/25  

Caption

Relates to the burden of proof for appeal procedures for children with handicapping conditions; shifts the burden to the parent or person in parental relationship.

Summary

Bill A06636 amends the education law concerning the burden of proof in appeal procedures for children with handicapping conditions. Specifically, it shifts the burden of proof from the board of education or trustees to the parent or person in a parental relationship during impartial hearings. This change aims to clarify the responsibilities of parents in disputes regarding educational services for children with disabilities, ensuring that they must demonstrate the appropriateness of their claims in such hearings.

Impact

The bill's passage would alter the existing framework for appeals related to special education services in New York. By placing the burden of proof on parents, it may lead to a significant change in how disputes are resolved, potentially making it more challenging for parents to advocate for their children. This could affect the way educational services are provided and the dynamics of parent-school district relationships, as parents may need to prepare more thoroughly to substantiate their claims.

Sentiment

The sentiment surrounding Bill A06636 appears to be mixed, with some stakeholders expressing concern that shifting the burden of proof could disadvantage parents, particularly those who may lack resources or legal knowledge. Others may view the change as a necessary clarification of responsibilities in the special education process. However, without recorded votes or detailed committee discussions, the overall sentiment remains unclear.

Contention

Notable points of contention include the fairness of placing the burden of proof on parents, with advocates for children with disabilities arguing that this could hinder access to necessary educational resources. Opponents of the bill may include parent advocacy groups and special education advocates who believe that the current system already presents challenges for families. Supporters may argue that this change is necessary for accountability and clarity in the process.

Companion Bills

NY S05073

Same As Relates to the burden of proof for appeal procedures for children with handicapping conditions; shifts the burden to the parent or person in parental relationship.

Previously Filed As

NY S05073

Relates to the burden of proof for appeal procedures for children with handicapping conditions; shifts the burden to the parent or person in parental relationship.

NY HB2505

Termination of parental rights; abused, etc., children or children without parental care, appeals.

NY S10468

Establishes confirmatory adoptions allowing adoption and parentage judgements for a child with more than two parents; recognizes functional parents as legal parents; allows "de facto parents" to get a court order confirming their parentage; grants all legal parents standing to seek visitation or custody of their children.

NY A10021

Prohibits children from being denied access to a free public education on account of perceived or actual citizenship or immigration status or the perceived or actual citizenship or immigration status of their parents or person in a parental relationship.

NY S08597

Prohibits children from being denied access to a free public education on account of perceived or actual citizenship or immigration status or the perceived or actual citizenship or immigration status of their parents or person in a parental relationship.

NY S02698

Relates to the definition of tuition for children with handicapping conditions.

NY S01983

Relates to the definition of tuition for children with handicapping conditions.

NY A03121

Expands the definition of tuition for children with handicapping conditions.

NY A02634

Expands the definition of tuition for children with handicapping conditions.

NY A4079

Concerns stalking and related restraining order protections for adoptive children and their adoptive parents victimized by persons whose parental rights to the adoptive children have been terminated.

Similar Bills

AL HB443

Article V Convention; process for appointing commissioners and alternate commissioners to represent the State of Alabama at Article V Convention established

CT SJ00039

Resolution Confirming The Decision Of The Claims Commissioner To Dismiss Certain Claims Against The State.

TN HB1499

AN ACT to amend Tennessee Code Annotated, Title 3, Chapter 18, relative to Article V conventions.

TN SB1567

AN ACT to amend Tennessee Code Annotated, Title 3, Chapter 18, relative to Article V conventions.

CT SJ00058

Resolution Confirming The Decision Of The Claims Commissioner To Dismiss Certain Claims Against The State.

CA AB1936

Insurance Commissioner qualifications.

MI HCR0002

A concurrent resolution prescribing the Rules of the Legislature for Selecting Commissioners to an Article V Convention.

CA AB1931

Insurance: home protection companies.