High Court rules in special education dispute

November 14th, 2005 by Key Magazine

In a much watched legal debate about who has the burden of proof in disputing the adequacy of a child’s individualized education program, the Supreme Court decided, 6 to 2, that the party bringing a challenge before an administrative law judge has the responsibility of showing that it is unsatisfactory.

Justice O’Connor said the 1970′s Individuals With Disabilities Education Act (IDEA) legislation covered nearly seven million children across the country, and that it was meant to reverse a sad history. Before its passage, she said, “the majority of disabled children in America were ‘either totally excluded from schools or sitting idly in regular classrooms awaiting the time when they were old enough to drop out.’ ”

Read the full opinion available online

1 Comment »

One Response to “High Court rules in special education dispute”

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