The Individuals with Disabilities Education Act: Schaffer v. Weast

Jones, Nancy L.

Library of Congress. Congressional Research Service.

关键词: Elementary and secondary education;    Education of disabled students - Law and legislation;    Supreme Court decisions;    Individuals with Disabilities Education Act (IDEA);    Disabled;   

RP-ID  :  RS22353
RP-ID  :  RS22353_2005Dec21

美国|英语

来源: UNT Digital Library

【 摘 要 】

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