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Burden of Proof - Understand Burden of Proof in Special Education Due Process


Updated October 05, 2008

Definition: Burden of proof is an important concept in special education due process hearings, IDEA formal complaints and court proceedings.

In any legal remedy available to parents of children with disabilities under the IDEA, the plaintiff or complainant must provide reasonable proof of his or her allegations to allow a complaint investigator, hearing officer, or judge to decide if an allegation is likely to be true.

The parent fulfilled the burden of proof requirement by using assessment data to show the child made no progress in the school's special education program.

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