Bridges4Kids Logo

Home ] What's New ] Contact Us ] About Us ] Links ] Search ] Glossaries ] Contact Legislators ] Reviews ] Downloads ] Disabilities ] IDEA ] Special Education ] Medicaid/SSI ] Childcare/Respite ] Wraparound ] Insurance ] PAC/SEAC ] Ed Reform ] Literacy ] Community Schools ] Children At-Risk ] Section 504 ] School Climate/Bullying ] Parenting/Adoption ] Home Schooling ] Community Living ] Health & Safety ] Summer Camp ] Kids & Teens ] College/Financial Aid ] Non-Public & Other Schools ] Legal Research ] Court Cases ] Juvenile Justice ] Advocacy ] Child Protective Services ] Statistics ] Legislation ] Ask the Attorney ] Lead Poisoning ]
 Where to find help for a child in Michigan, Anywhere in the U.S., or Canada
Bridges4Kids is now on Facebook. Follow us today!
Last Updated: 02/23/2018

Article of Interest - Recent Court Cases

Printer-friendly Version

Bridges4Kids Logo

High Court Rules Against Parents in Special Education Case
The Associated Press, November 14, 2005 

Download and read the decision (PDF) here.

The Supreme Court ruled today 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 Sandra 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 Maryland 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, William Hurd, unsuccessfully argued that when there are disagreements between schools and parents, education officials have better access to relevant facts and witnesses.

Chief Justice John Roberts had recused himself from the case, because attorneys from his old law firm represented the school district.

Justices Ruth Bader Ginsburg and Stephen Breyer wrote separate dissents.


back to the top     ~     back to Breaking News     ~     back to What's New


Thank you for visiting

bridges4kids does not necessarily agree with the content or subject matter of all articles nor do we endorse any specific argument.  Direct any comments on articles to


2002-2018 Bridges4Kids