I published the following on my web site. I am publishing it here for wider distribution.
The following is taken from the Shaffer Report, November 16, 2005, Vol 9 No 182. For more information go to www.sarnet.org.
The Supreme Court Rules Against Special Education Parents
Parents who demand better special education services for their child have the burden of proof in challenges according to this weeks Supreme Court decision. Sandra Day O’Connor, writing for the 6-2 court indicates that if parents challenge a program, they have burden of proof, if schools bring a complaint, the burden rests with them.
The decision required the high court to interpret the Individuals With Disabilities Act (IDEA) which does not specify burden of proof. The law currently covers more than 6 million students.
The case is Shaffer v Weast, 04-698.
Denise Jones
