In 2024, Washington State passed SB 5883, changing who carries the burden of proof in most special education due process hearings. Under the law, school districts must now demonstrate that they provided a Free Appropriate Public Education (FAPE), rather than placing that responsibility on families. The change aligns with the core obligation under federal law that districts are responsible for ensuring appropriate services. An important exception remains: when parents seek reimbursement for a unilateral private school placement, they continue to carry the burden of proof.

The shift responded to long-standing concerns about imbalance in the due process system, where families often had to challenge school decisions without the same access to information, time, or legal support. By requiring districts to show that they met their obligations, the law aimed to create a more equitable process and reinforce accountability. At the same time, the change introduced new dynamics in how disputes are handled, including how districts document decisions and how cases are prepared and resolved. While many see the law as leveling the playing field, its long-term impact will depend on how consistently it is applied and whether it leads to earlier resolution of disputes or more formal hearings.