Thursday, November 17, 2005

About that Special Education Ruling...

A few days ago, the Supreme Court ruled that it is the parents and not the school district that has the burden of proof that a student's Individualized Education Plan is inadequate.

A New York Times article (Special Education Ruling's Effects Unclear by Elissa Gootman,
published: November 17, 2005) instructs us what it means to states;

Essentially, states fall into three categories on disputes over individualized education plans. One group includes Texas, Virginia and Maryland, where the Supreme Court upheld what has been in practice. The second group includes New Jersey and New York, where the burden of proof shifts to the parents. In the third group, states including Alabama and Connecticut have regulations or statutes that place the burden of proof on school districts.

It goes on to talk about Connecticut specifically;

In Connecticut, because of a regulation placing the burden of proof on school districts, officials say they expect virtually no changes because of the Supreme Court ruling.

"We think that as of right now, unless the federal government tells us otherwise, we can continue to do as we have done with our system," Attorney General Richard Blumenthal of Connecticut said. "We believe that our regulation embodies a valid state policy that articulates our belief that school boards are in a better position to muster the facts and expertise in any contest with ordinary parents."

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