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Category Archives: Due Process

Stay Put Rights & Special Education Law

Stay Put Rights & Special Education Law

What are “Stay Put” Rights? Stay Put rights are something every parent whose child is receiving special education services should know about. If you disagree with changes the school wants to make to your child’s Individualized Education Program (IEP), you can prevent the changes by invoking your child’s stay put rights, which means your child … Continue reading Stay Put Rights & Special Education Law

The Burden of Proof & The Burden of Production

The Burden of Proof & The Burden of Production

The School District Bears the Burden of Proof and the Burden of Production in Special Education Disputes in New Jersey. Special education is governed by both federal and state law.  Although the United States Supreme Court in Schaffer v. Weast, 546 U.S. 49 (2005) held that the party requesting a due process hearing under the … Continue reading The Burden of Proof & The Burden of Production