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Phyllis K. Saxe, an attorney, writes that in 2005, the Supreme Court held that there was no persuasive reason to depart from the normal rule of allocating the burden of proof to the party seeking relief in an administrative hearing convened under the IDEA, normally the parents of the disabled child. What was left open was the possibility that states could overcome the unfairness of this decision by establishing their own burden of proof rules for impartial hearings, which New York has now done.
September 13, 2007 at 12:00 AM
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