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US Supreme Court Places Burden of Proof on Parents for Demonstrating Shortcomings in Special Education Programs

The U.S. Supreme Court ruled on Monday, November 14, 2005 that the parents who claim that Special Education Program for their disabled child is inadequate must prove so. The US Supreme Court ruled, in a 6-2 vote, that the burden of persuasion in an administrative hearing challenging an IEP is properly placed upon the party seeking relief, whether that is the disabled child or the school district.

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