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DISABILITY LAW -- INDIVIDUALS WITH DISABILITIES EDUCATION ACT -- FOURTH CIRCUIT HOLDS THAT PARENTS BEAR THE BURDEN OF PROOF IN A DUE PROCESS HEARING AGAINST A SCHOOL DISTRICT. -- Weast v. Schaffer, 377 F.3d 449 (4th Cir. 2004).

Source :
Harvard Law Review. Jan2005, Vol. 118 Issue 3, p1078-1085. 8p.
Publication Year :
2005

Abstract

Suggests that the procedural safeguards in the Individuals with Disabilities Education Act (IDEA) which the majority of U.S. Court of Appeals for the Fourth Circuit justices cited in West v. Schaffer may not sufficiently protect the interests of disabled children. Claim that circuit courts are split on which party should bear the burden of proof when the family of a disabled child challenges a school district; Provision of the IDEA regarding role of school districts in designing individualized education program; Facts of the case; Opinion of the court on the remedial nature of the IDEA requiring the school district to demonstrate compliance with the law's statutory obligations.

Details

Language :
English
ISSN :
0017811X
Volume :
118
Issue :
3
Database :
Academic Search Index
Journal :
Harvard Law Review
Publication Type :
Academic Journal
Accession number :
15742323