The Individuals with Disabilities Education Act: Schaffer v. Weast

Description:

This report discusses the Individuals with Disabilities Education Act (IDEA), which is the main federal
program concerning the education of children with disabilities. It authorizes state and
local aid for special education and related services for children with disabilities and
contains detailed due process protections for children with disabilities and their parents.
On December 3, 2004, President Bush signed “The Individuals with Disabilities
Education Act Improvement Act” (P.L. 108-446), a major reauthorization and revision
of IDEA. One issue which was not addressed in the reauthorization was whether the
parents or the school bears the burden of proof in special education due process
hearings. On November 14, 2005, the Supreme Court resolved a split in the circuits and
held that the burden of proof in an administrative hearing challenging a child’s
individualized education program is on the party seeking the relief.

Creator(s): Jones, Nancy L.
Location(s): United States
Creation Date: December 21, 2005
Partner(s):
UNT Libraries Government Documents Department
Collection(s):
Congressional Research Service Reports
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Creator (Author):
Jones, Nancy L.

Legislative Attorney

Publisher Info:
Place of Publication: Washington D.C.
Date(s):
  • Creation: December 21, 2005
Coverage:
Place
United States
Description:

This report discusses the Individuals with Disabilities Education Act (IDEA), which is the main federal
program concerning the education of children with disabilities. It authorizes state and
local aid for special education and related services for children with disabilities and
contains detailed due process protections for children with disabilities and their parents.
On December 3, 2004, President Bush signed “The Individuals with Disabilities
Education Act Improvement Act” (P.L. 108-446), a major reauthorization and revision
of IDEA. One issue which was not addressed in the reauthorization was whether the
parents or the school bears the burden of proof in special education due process
hearings. On November 14, 2005, the Supreme Court resolved a split in the circuits and
held that the burden of proof in an administrative hearing challenging a child’s
individualized education program is on the party seeking the relief.

Physical Description:

5 Pages.

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Partner:
UNT Libraries Government Documents Department
Collection:
Congressional Research Service Reports
Identifier:
Resource Type: Report
Format: Text