Court Weighs Burden of Proof in IDEA Cases

Outcome will affect parent-school district disputes over IEPs.

Washington

The U.S. Supreme Court delved into the complexities of federal special education law last week as it took up a case involving the burden of proof in disputes over individualized education programs.

Justice Stephen G. Breyer called the case before the court a “law professor’s dream,” because a hearing officer reviewing a dispute between a family and the 139,000-student Montgomery County, Md., school district found their arguments to be equally balanced, which made the outcome hinge on which side had the burden of proof.

Congress has never explicitly said which side has the burden of proof in such disputes about a child’s special education plan under the federal Individuals with Disabilities Education Act. But several states have assigned the burden to one side or the other, either through state laws or through rulings...