The Individuals with Disabilities Education Act: Schaffer v. Weast (CRS Report for Congress)
| Release Date |
Dec. 21, 2005 |
| Report Number |
RS22353 |
| Report Type |
Report |
| Authors |
Nancy Lee Jones, American Law Division |
| Source Agency |
Congressional Research Service |
Summary:
The Individuals with Disabilities Education Act (IDEA) 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.
