Bridges4Kids Logo

About Us Breaking News Find Help in Michigan Find Help in the USA Find Help in Canada Inspiration
IEP Goals Help4Parents Disability Info Homeschooling College/Financial Aid Summer Camp
IEP Topics Help4Teachers Homework Help Charter/Private Insurance Nutrition
Ask the Attorney Become an Advocate Children "At-Risk" Bullying Legal Research Lead Poisoning
Bridges4Kids is now on Facebook. Follow us today!


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

2002-2019 Bridges4Kids