The Individuals with Disabilities Education Act (IDEA)
is the main federal program concerning the education of children with disabilities. It authorizes state
and local aid for special education and related services for children with disabilities and contains
detailed due process protections for children with disabilities and their parents. On December 3,
2004, President Bush signed "The Individuals with Disabilities Education Act Improvement Act"
(P.L. 108-446), a major reauthorization and revision of IDEA. One issue which was not addressed
in the reauthorization was whether the parents or the school bears the burden of proof in special
education due process hearings. On November 14, 2005, the Supreme Court resolved a split in the
circuits and held that the burden of proof in an administrative hearing challenging a child's
individualized education program is on the party seeking the relief.