Guest guest Posted November 14, 2005 Report Share Posted November 14, 2005 My husband just sent me this via email. I thought you'd be interested. Jodi Z Court Rules Against Special Ed. Parents WASHINGTON - The Supreme Court ruled Monday that parents who demand better special education programs for their children have the burden of proof in the challenges. The 6-2 decision, written by retiring Justice Day O'Connor, said that if parents challenge a program, they have the burden in an administrative hearing of showing that the program is insufficient. If schools bring a complaint, the burden rests with them, O'Connor wrote. The ruling is a loss for a land family that contested the special education program designed for their son with attention deficit hyperactivity disorder. The case required the court to interpret the Individuals With Disabilities Act, which does not specifically say whether parents or schools have the burden of proof in disputes. The family's attorney, Hurd, unsuccessfully argued that when there are disagreements between schools and parents, education officials have better access to relevant facts and witnesses. Chief Justice had recused himself from the case, because attorneys from his old law firm represented the school district. Justices Ruth Bader Ginsburg and Breyer wrote separate dissents Quote Link to comment Share on other sites More sharing options...
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