Questions Before the United States Supreme Court

"Whether the Individuals with Disabilities Education Act (IDEA)... incorporates the customary federal rule that the party that initiates the hearing and seeks relief bears the burden of proof in that proceeding."

Montgomery County Public Schools Brief (179K PDF)

"Whether... when parents initiate an administrative 'due process hearing to seek reimbursement for private-school tuition and challenge their child's individualized education program, the burden of proof falls on the parents or the school district."

United States Government Brief (126K PDF)

"Should the Court upset the careful balancing of procedural protections for parents and local school boards in the Individuals with Disabilities Education Act when Congress has not expressed an intent to upset the traditional burden of proof in administrative hearings under the Act?"

Brief by the Virginia School Boards Association, et al. (242K PDF)

Updated October 3, 2005 | Maintained by Web Services