Tuesday, November 15, 2005

Special Education

Yesterday, the Supreme Court announced their decision in a special education case, Schaffer v. Weast. Attorneys for parents had argued that where a parent was dissatisfied with an IEP, the school district should bear the burden of proving an IEP sufficient, rather than the parents having to prove that it is insufficient. But the court held that "the burden of persuasion in an administrative hearing challenging an IEP is properly placed upon the party seeking relief, whether that is the disabled child or the school district. "