Ron Drake
Follow-Up to Burden of Proof in DCPS Administrative Hearings
January 18, 2006

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The following testimony was presented to the DC Board of Education at its January 18, 2006, meeting.

Good evening. I am Ron Drake. I a a long-time resident and community activist in Ward 2. I have practiced special education law and handled pro bono cases for many years in D.C.

At last month's board meeting, I urged you to reject the administration's proposal to shift the burden of proof in special education hearings from DCPS and impose it on parents. I provided information to show how easily DCPS can meet its burden of proof under present Board Rules.

At that same board meeting, I urged you to adopt a regulation that allows both DCPS counsel and parent's counsel to recuse a hearing officer for bias. I disclosed to you the purpose of this proposal and noted the urgency for action.

Finally, I reminded you that DCPS has in place the Retention Regulation (5 DCMR, Sec. 2201.10), often referred to by DCPS as the Drake Rule. I urged you to require the DCPS program personnel to implement that Rule. I noted that if DCPS were to follow that Rule, instead of seeking its repeal, DCPS could avoid a huge number of the special education hearings that currently occur.

I again urge the Board to follow the foregoing course of action. I also urge the Board to roundtable these issues so that those of us who have been involved, both as counsel and/or as affected parents, can provide input. That public input is crucial to alleviate the ongoing adversarial relationship that has existed for so long.

Ron Drake Follow-Up to Burden of Proof in DCPS Administrative Hearings January 18, 2006

Ron Drake
Follow-Up to Burden of Proof in DCPS Administrative Hearings
January 18, 2006