Members of the Washington (DC, US) school board are divided about how they should approach the matter of whom the burden of proof should fall on when parents and schools disagree about a special education issue, according to a story by V. Dion Haynes in the Washington Post. In the recent case about burden of proof, Shaffer v. Weast, the US Supreme Court upheld Maryland (MD) law, essentially putting the burden on parents, as they are the ones most likely to challenge decisions about special education services. The DC board has been debating whether it should change its rules so that they align with those used in MD, the state where the Shaffer v Weast case arose.
Advocates of the change, noting that the District school system spends a disproportionately large portion of its budget on special education, contend that shifting the burden of proof to parents could reduce the number of legal challenges filed against the system and save money.
But other board members say requiring the school system to show why its plans are adequate is an appropriate safeguard, given the system’s long-standing problems in delivering special education services. They also argue that school administrators have offered little evidence that changing the law would have much financial impact.
Link to Mr. Haynes’ story.
Latest Comments