{ "id": "RS22353", "type": "CRS Report", "typeId": "REPORTS", "number": "RS22353", "active": false, "source": "EveryCRSReport.com", "versions": [ { "source": "EveryCRSReport.com", "id": 312560, "date": "2005-12-21", "retrieved": "2016-04-07T19:24:13.016029", "title": "The Individuals with Disabilities Education Act (IDEA): Schaffer v. Weast Determines Party Seeking Relief Bears the Burden of Proof", "summary": "The Individuals with Disabilities Education Act (IDEA) is the main federal program concerning\nthe\neducation of children with disabilities. It authorizes state and local aid for special education and\nrelated services for children with disabilities and contains detailed due process protections for\nchildren with disabilities and their parents. On December 3, 2004, President Bush signed\n\u201cThe\nIndividuals with Disabilities Education Act Improvement Act\u201d ( P.L. 108-446 ), a major\nreauthorization and revision of IDEA. One issue which was not addressed in the reauthorization was\nwhether the parents or the school bears the burden of proof in special education due process\nhearings. On November 14, 2005, the Supreme Court resolved a split in the circuits and held that\nthe burden of proof in an administrative hearing challenging a child\u2019s individualized\neducation\nprogram is on the party seeking the relief.", "type": "CRS Report", "typeId": "REPORTS", "active": false, "formats": [ { "format": "HTML", "encoding": "utf-8", "url": "http://www.crs.gov/Reports/RS22353", "sha1": "c635c3f047bfbc353829d1ccfda70b7b6c688d44", "filename": "files/20051221_RS22353_c635c3f047bfbc353829d1ccfda70b7b6c688d44.html", "images": null }, { "format": "PDF", "encoding": null, "url": "http://www.crs.gov/Reports/pdf/RS22353", "sha1": "e0099627b050cc4821231bf92a28c74d359db289", "filename": "files/20051221_RS22353_e0099627b050cc4821231bf92a28c74d359db289.pdf", "images": null } ], "topics": [] } ], "topics": [] }