Evening the Playing Field: Tailoring the Allocation of the Burden of Proof at IDEA Due Process Hearings to Balance Chldren\u27s Rights and Schools\u27 Needs
The Individuals with Disabilities in Education Act (the IDEA ) is a broad federal mandate intended to make a free appropriate public education available to all disabled students. More importantly, however, the IDEA encourages schools to enable parents to collaborate with their child\u27s educators. In the event that parents and educators disagree about a child\u27s educational plan, the IDEA channels this conflict through an administrative appeals process. But despite the fact that the IDEA\u27s due process hearing is one of its most prominent procedural safeguards, the IDEA fails to specify which party bears the burden of proof during the proceedings. The existing conflict of authority regarding the allocation of the burden of proof at due process hearings must be resolved in order achieve the IDEA\u27s mandate. A modified burden-shifting scheme would best mirror the IDEA\u27s delicate balancing of the rights of disabled children and the need to impose a realistic mandate on school districts
