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The Supreme Court on the Burden of Persuasion When Challenging IEPs.
- Source :
-
Remedial & Special Education . Mar/Apr2008, Vol. 29 Issue 2, p108-117. 10p. 2 Charts. - Publication Year :
- 2008
-
Abstract
- On November 14, 2005, the U.S. Supreme Court announced its decision in Schaffer v. Weast. This special education decision concerned which party bears the burden of persuasion when parents challenge a school district's Individualized Education Program (IEP) in a due process hearing. In this article, we define burden of persuasion and explain its application in Individuals with Disabilities Education Act (IDEA)-related cases prior to Schaffer; we discuss the relevant history of the case; we summarize the facts and analyze the reasoning of the majority, concurring, and dissenting opinions in the Supreme Court's decision; and we address the implications of the Schaffer decision for special educators and for the parents and children served by the IDEA. [ABSTRACT FROM AUTHOR]
Details
- Language :
- English
- ISSN :
- 07419325
- Volume :
- 29
- Issue :
- 2
- Database :
- Academic Search Index
- Journal :
- Remedial & Special Education
- Publication Type :
- Academic Journal
- Accession number :
- 32080742
- Full Text :
- https://doi.org/10.1177/0741932508317273