Burden of Proof - On Parents or Schools?
Disabilities Education Act does not specify whether parents or
school districts have the burden of proof in special education litigation.
If a parent disputes an IEP, the courts agree that it is the parents
burden to place in issue the appropriateness of the IEP.The next issue
is whether the parent has the burden of proving that the IEP is not
appropriate or whether the school district has the burden of proving
that the IEP is appropriate.
October 5, the U. S. Supreme Court will hear oral argument in Schaffer
v. Weast. The Court's decision will shift the balance of power
between parents and schools.
National Council on Disability Takes a Position
August 9, 2005, the National Council
on Disability (NCD) published Individuals
with Disabilities Education Act - Burden of Proof: On Parents or Schools?
In this Position Paper, the NCD
asserts that school districts, not parents, should have the burden
of proof in issues about IEPs, placement, eligibility, and other matters
related to an appropriate education.
"Should the party attacking the terms of an IEP bear the burden
of showing why the IEP is not appropriate? Or, should the party that
prepared the IEP and has greater expertise and resources have the
burden of proving that the IEP is appropriate?"
The author of IDEA
Burden of Proof is Pete Wright.
Meet the Children
you read IDEA
Burden of Proof - On Parents or Schools? you will meet Brian Schaffer,
Peter Mills and Bill Dunstan, three children with disabilities whose
cases were decided by different courts.
will learn the outcomes of their cases - and whether these outcomes
were fair, right and just. You will also learn about competing principles
and how similar cases have been resolved.
the pdf version of IDEA
Burden of Proof: On Parents or Schools? from http://www.ncd.gov/newsroom/publications/2005/pdf/burdenofproof.pdf
version of IDEA Burden of Proof: On Parents or Schools? from
Learn more about Schaffer
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