Andrew Cuddy, the author of "The Special Education Battlefield" A
Guide to Due Process Hearing and Other Tools of Effective Advocacy,
was recently quoted by the Syracuse Post-Standard in an article
addressing the Burden of Proof Bill that was sent to Governor
Spitzer. The Bill was signed that week by the Governor, indicating
his understanding of the plight of parents of students with
disabilities and their struggles for appropriate services from their
school districts. The Bill was signed by the governor on August
15th, and becomes effective in sixty days. Similar legislative
efforts are underway in other states.

Cuddy's book, "The Special Education Battlefield" is available at
www.AndrewCuddyBooks.com .


Special ed bill awaits Spitzer
Monday, August 13, 2007
By Delen Goldberg
Staff writer
Gov. Eliot Spitzer has a chance to override a state Supreme Court
decision that many say makes life harder for parents of special needs
children.
As the law currently stands, parents who feel school districts aren't
properly teaching their child must prove their case during an
administrative hearing. Traditionally, school districts carried that
burden of proof and were tasked to show that their educational
approaches were appropriate.
A 2005 state Supreme Court
decision shifted that responsibility, placing it on the person who
asks for the hearing - most often, parents.


The change has meant long and expensive hearings - sometimes up to
two weeks - which cost families, school districts and taxpayers tens
of thousands of dollars in lawyers' fees and lost wages.
A bill now sitting on the governor's desk would pin the burden of
proof back on educators.
Spitzer has until Wednesday to approve or veto the bill, which for
the past two years has overwhelmingly passed both houses. Former Gov.
George Pataki vetoed it last year.
"It should help the taxpayers, it should help the kids, and it should
make it more difficult for school districts to deny necessary
services for kids," said Auburn lawyer Andrew Cuddy, who handles
disability and education cases statewide.


Cuddy and other lawyers say school districts often use the burden
decision to intimidate parents.
"What's happening now around New York state is that districts feel
empowered to violate parts of the Special Education law, then sit
back and say to parents, 'If you don't like it, do a hearing and the
burden of proof will be on you,' " said New York City special
education lawyer Dee Alpert.
"It's often not really a matter of parents saying, 'I want the best
possible program or the best possible progress,' " Alpert
continued. "Most often, it's parents saying, 'You're not making any
progress at all.' "


The graduation rate in New York for students with disabilities is
about 37 percent, according to the U.S. Department of Education.


"When you look at that data, you have to say maybe these parents
demanding a hearing have a point," Alpert said.


Advocates of the new bill say the changes would likely help boost
graduation rates. They have started a grass-roots phone campaign to
urge Spitzer to approve the measure.
School districts are also out promoting an agenda: To keep the law as
it stands.
"There's a lot of lobbying activity going on both ends of this,"
Cuddy said. "We will wait and see whether the governor is friendly to
the disabled in New York."
Delen Goldberg can be reached at dgoldberg@... or 470-2274.