The U.S. Supreme Court agreed Tuesday to decide who bears the burden of proof when resolving a dispute over a disabled child's education.
The federal Individuals with Disabilities Education Act, or IDEA, provides money to states so that all disabled children may get a free public education that accommodates their needs.
A school system must develop an individualized education program, or IEP, for each disabled child. If parents and school system disagree, they must bring the dispute before a neutral arbiter.
At issue in the Maryland case is who bears the burden of proof before the arbiter, parents or school system?
The parents of Brian Schaffer, now 20 but formerly a disabled student, disagreed with the district in Montgomery County, Md., over the size of classes he needed to attend. The dispute was a battle between experts on either side.
An appeals court ruled that the parents had the burden of proof in hearings before an administrative law judge. The Supreme Court should hear the case next term.
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