context: Courts have routinely held that equity requires the burdens of the Act be placed on the school district and not on the parents.
citation_a.signal: cf.
citation_a.identifier: 635 F.2d 342, 348-49
citation_a.parenthetical: burden on district to question whether student's misconduct is due to handicap because parents lack expertise to develop an appropriate IEP for their child
citation_a.sentence: See McKenzie v. Smith, 771 F.2d 1527, 1531 (D.C.Cir.1985) (where district sought to change child’s IEP, it had the burden of proving that the proposed placement complied with the requirements of the Act); Grymes v. Madden, 672 F.2d 321, 322 (3d Cir.1982) (affirming district court’s decision that the district had “failed to sustain its burden of proof that an appropriate public program existed”); Cf. S-1 v. Turlington, 635 F.2d 342, 348-49 (5th Cir.) (burden on district to question whether student’s misconduct is due to handicap because parents lack expertise to develop an appropriate IEP for their child), cert. denied 454 U.S. 1030, 102 S.Ct. 566, 70 L.Ed.2d 473 (1981), abrogated on other grounds by Honig v. Doe, 484 U.S. 305, 108 S.Ct. 592, 98 L.Ed.2d 686 (1988).
citation_b.signal: see
citation_b.identifier: 672 F.2d 321, 322
citation_b.parenthetical: affirming district court's decision that the district had "failed to sustain its burden of proof that an appropriate public program existed"
citation_b.sentence: See McKenzie v. Smith, 771 F.2d 1527, 1531 (D.C.Cir.1985) (where district sought to change child’s IEP, it had the burden of proving that the proposed placement complied with the requirements of the Act); Grymes v. Madden, 672 F.2d 321, 322 (3d Cir.1982) (affirming district court’s decision that the district had “failed to sustain its burden of proof that an appropriate public program existed”); Cf. S-1 v. Turlington, 635 F.2d 342, 348-49 (5th Cir.) (burden on district to question whether student’s misconduct is due to handicap because parents lack expertise to develop an appropriate IEP for their child), cert. denied 454 U.S. 1030, 102 S.Ct. 566, 70 L.Ed.2d 473 (1981), abrogated on other grounds by Honig v. Doe, 484 U.S. 305, 108 S.Ct. 592, 98 L.Ed.2d 686 (1988).