Del. Code 14, § 3140 : Education — Exceptional Children — Procedural Safeguards — Burden of proof Date: 2 Sep 2016 TEXT PDF Current through 2016 Legislative Session, Act 399 The burden of proof and persuasion in any proceeding convened pursuant to § 3135 of this title shall be on the district or state agency which is a party to the proceeding. Del. C. § 3140 64 Del. Laws, c. 63, §1.;