Pennsylvania HB 2697: An Act amending the act of March 10, 1949 (P.L.30, No.14), known as the Public School Code of 1949, in pupils and attendance, further providing for exceptional children and education and training.

Bill Text

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
Amending the act of March 10, 1949 (P.L.30, No.14), entitled "An
act relating to the public school system, including certain
provisions applicable as well to private and parochial
schools; amending, revising, consolidating and changing the
laws relating thereto," in pupils and attendance, further
providing for exceptional children and education and
training.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 1372 of the act of March 10, 1949
(P.L.30, No.14), known as the Public School Code of 1949, is
amended by adding a paragraph to read:
Section 1372. Exceptional Children; Education and
Training.--* * *
(9) Burden of Proof for Exceptional Children.
(i) Whenever a due process hearing is held in accordance
with the Individuals with Disabilities Education Act (Public Law
91-230, 20 U.S.C. § 1400 et seq.) regarding the identification,
evaluation, reevaluation, classification, educational placement
or disciplinary action of, or the provision of a free
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20

appropriate public education to, an exceptional child, and a
local educational agency is a party:
(A) Except as provided in clause (B), the local educational
agency has the burden of proof.
(B) In a case involving a determination of the
appropriateness of a private school placement unilaterally
selected by a parent or guardian of the exceptional child, the
parent or guardian of the exceptional child has the burden of
proof.
(ii) As used in this subsection, the term "local educational
agency" shall have the same meaning as given to that term in 20
U.S.C. § 1401(19) (relating to definitions).
Section 2. This act shall take effect in 60 days.
20260HB2697PN3776 - 2 -
1
2
3
4
5
6
7
8
9
10
11
12
13