ERIC Number: EJ784789
Record Type: Journal
Publication Date: 2008-Jan-30
Reference Count: N/A
Some States Shift IEP Burden of Proof to School Districts
Samuels, Christina A.
Education Week, v27 n21 p1, 13 Jan 2008
New Jersey lawmakers recently changed state law to require schools to bear the burden of proving, if there is a dispute with parents, that the educational plans they create for students with disabilities are appropriate. The state's action, which follows a similar move by New York state in August, is considered a success by parents and advocacy groups interested in chipping away at the public-policy change made by a 2005 U.S. Supreme Court decision on the issue. In "Schaffer v. Weast", the high court held that the party that has a complaint about an individualized education program--most often, the parents--bears the responsibility of proving that the plan is insufficient. Though "Schaffer v. Weast" decided the burden-of-proof question, it was silent on whether states were free to adopt their own statutes that could place the burden on school districts, regardless of which side was disputing the educational plan.
Descriptors: Individualized Education Programs, State Legislation, Special Needs Students, Disabilities, School Districts, Court Litigation, School Responsibility, Advocacy, Public Policy, Courts, Parent Responsibility, Board of Education Role
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Publication Type: Journal Articles; Reports - Descriptive
Education Level: N/A
Authoring Institution: N/A
Identifiers - Location: New Jersey
Identifiers - Laws, Policies, & Programs: Individuals with Disabilities Education Act