X

Legal Memorandum: Burden of Persuasion under the IDEA

Issue: Who has the burden of persuasion in an action under the Individuals with Disabilities Education Act?

Area of Law: Education Law
Keywords: Individuals with Disabilities Education Act; Burden of persuasion
Jurisdiction: Federal
Cited Cases: None
Cited Statutes: None
Date: 03/01/2007

It is well settled that the party who seeks relief in an action under the Individuals with Disabilities Education Act carries the ultimate burden of persuasion to establish his or her claims against the other party.  Schaffer v. Weast, 546 U.S. 49, ___, 126 S. Ct. 528, 533-34 (2005). 

[…]

Subscribe to Litigation Pathfinder

To get the full-text of this Legal Memorandum ... and more!

(Month-to-month and annual subscriptions available)