Tuesday, November 15, 2005

SCOTUS says Parents Carry Burden of Proof

This is in regards to special education plans, or IEP's, that schools have to implement. Now it has been said a parent(s) must prove the IEP is doing the student more harm than good. I totally disagree with their decision but I'll delve into it more later because right now I have to get on a bus to head to a class where I will be taking an exam that I hope to get at least a C on.

Til then, here's why I disagree with the decision:

The decision, which is likely to affect hundreds of cases a year, was a disappointment for parents and disability rights groups who argued that making them prove that special-education programs were inadequate gave school districts little incentive to address their complaints.
And whose doing the flip flopping here:

The Bush administration had originally entered the case on behalf of the parents, arguing that under the Individuals With Disabilities Education Act, a district had the burden of proving the adequacy of a student's "individualized education program" rather than the other way around.

But when the case reached the Supreme Court, the administration switched sides, arguing that the court should apply the "traditional rule" in civil cases that "the party initiating and seeking relief" bears the burden of proof. This was the argument that Justice Sandra Day O'Connor accepted in her majority opinion.

Anyway, have a blast and I'll be seeing you soon.