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The parents of disabled children must be consulted annually in the IEP's design, and may request "an impartial due process hearing" before an administrative law judge (hereinafter "ALJ") in cases where they feel that the IEP is inadequate. In such instances, however, it remains unclear whether the parents or the school system maintains the burden of proof. This comment explains why the burden of proof in IEP disputes should be found to lie with the school system.
Part II of this article takes a brief look at the current stance other jurisdictions take in deciding how to allocate the burden of proof in IDEA cases...
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