Burden Placed on Parents to Show School District's Planned Services Will Not Provide the "Appropriate" Education to Which Children with Disabilities Are Entitled

Schaffer v. Weast, 126 S. Ct. 528 (2005)

A frequently litigated mental health question involves disputes over the nature of services owed children with disabilities by school systems under the federal Individuals with Disabilities Education Act (IDEA).  There are nearly seven million students in the country who receive special education services under the IDEA.  This law, which dates from 1970, requires school districts to provide a "free appropriate public education" and to work with parents to develop an individualized education program (IEP) for each student with a disability.  When parents and school officials cannot agree, an "impartial due process hearing," typically before an administrative law judge (ALJ), must be held...

Found in DMHL Volume 25 Issue 1