Court backs school in special-ed lawsuit

WASHINGTON – The Supreme Court ruled Monday that parents of special education students disputing proposed instructional plans for their children have the burden of proving why the plans are inadequate.

The case, brought by a Maryland couple who wanted the burden of proof shifted to the school system, had been closely followed by educators and parents throughout the nation. The 6-2 ruling maintains the current practice of putting the burden on parents in Montgomery County, Md., which is the practice in most states.

Parents had argued that school systems were better suited to bear the burden of proof in disagreements about special education plans because they have more resources and information. But public school educators said parents challenging a plan should have to prove the schools were wrong, and worried a change would cost millions of dollars in new litigation.