COVID-19   Law    Advocacy    Topics A-Z     Training    Wrights' Blog   Wrightslaw Store    Yellow Pages for Kids 
 Home > News > Individuals with Disabilities Education Act - IDEA Burden of Proof - On Parents or Schools? (August 9 2005)


The Special Ed Advocate newsletter
It's Unique ... and Free!

Enter your email address below:

2022-2023
Training Programs

Dec. 2 - Detroit, MI

Dec. 10 - OH via ZOOM

      2023

Feb. 2-5 - San Antonio, TX

Feb. 27-28 - Southern CA

Mar. 23 - Anchorage, AK

Mar. 30 - Long Island, NY

Apr. 5 - Hill AFB, UT

Full Schedule


Wrightslaw

Home
Topics from A-Z
Free Newsletter
Seminars & Training
Yellow Pages for Kids
Press Room
FAQs
Sitemap

Books & Training

Wrightslaw Storesecure store lock
  Advocate's Store
  Student Bookstore
  Exam Copies
Training Center
Bulk Discounts
Military Discounts
Student Discounts
Mail & Fax Orders

Advocacy Library

Articles
Cool Tools
Doing Your Homework
Ask the Advocate
FAQs
Newsletter Archives
Short Course Series
Success Stories
Tips

Law Library

Articles
Caselaw
Fed Court Complaints
IDEA 2004
McKinney-Vento Homeless
FERPA
Section 504

Topics

Advocacy
ADD/ADHD
Allergy/Anaphylaxis
American Indian
Assistive Technology
Autism Spectrum
Behavior & Discipline
Bullying
College/Continuing Ed
Damages
Discrimination
Due Process
Early Intervention
  (Part C)

Eligibility
Episodic, such as
   Allergies, Asthma,
   Diabetes, Epilepsy, etc

ESSA
ESY
Evaluations
FAPE
Flyers
Future Planning
Harassment
High-Stakes Tests
Homeless Children
IDEA 2004
Identification & Child Find
IEPs
Juvenile Justice
Law School & Clinics
Letters & Paper Trails
LRE / Inclusion
Mediation
Military / DOD
Parental Protections
PE and Adapted PE
Privacy & Records
Procedural Safeguards
Progress Monitoring
Reading
Related Services
Research Based
  Instruction

Response to Intervention
  (RTI)

Restraints / Seclusion
   and Abuse

Retention
Retaliation
School Report Cards
Section 504
Self-Advocacy
Teachers & Principals
Transition
Twice Exceptional (2e)
VA Special Education

Resources & Directories

Advocate's Bookstore
Advocacy Resources
Directories
  Disability Groups
  International
  State DOEs
  State PTIs
Free Flyers
Free Pubs
Free Newsletters
Legal & Advocacy
Glossaries
   Legal Terms
   Assessment Terms
Best School Websites

 

IDEA Burden of Proof - On Parents or Schools?

The Individuals with 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 parent’s 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.

On 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

On 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
When 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.

You 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.

Download the pdf version of IDEA Burden of Proof: On Parents or Schools? from https://www.wrightslaw.com/ncd/wright.burdenproof.pdf

Learn more about Schaffer v. Weast.

More special education caselaw.

To Top

Home


 

Email Newsletter icon, E-mail Newsletter icon, Email List icon, E-mail List icon The Special Ed Advocate: It's Free!

ALL Wrightslaw
Products 25% OFF!


Check Out
The Advocate's Store!

Wrightslaw on FacebookWrightslaw on TwitterWrightslaw YouTube Channel 

Wrightslaw Books
Wrightslaw: Special Education Law, 2nd Edition, by Pam and Pete Wright

About the Book

Wrightslaw: From Emotions to Advocacy, 2nd Edition
About the Book

Wrightslaw: All About IEPs
About the Book

Wrightslaw: All About Tests and Assessments
About the Book

Wrightslaw: Special Education Legal Developments and Cases 2019
About the Book

Surviving Due Process: Stephen Jeffers v. School Board
About the DVD Video

Student Discounts

Military Discounts


The Advocate's Store

Wrightslaw Multimedia Training


Understanding Your Child's
Test Scores (1.5 hrs)

Wrightslaw Special: $14.95

Wrightslaw Mutimedia Training Download


Special Education Law & Advocacy Training
(6.5 hrs)

Wrightslaw Special: $49.95