Under the Individuals with Disabilities Education Act (IDEA), public schools are required to provide a free and appropriate public education for children with disabilities. When parents and school districts can't agree on special education services, resolution can lead to a due process hearing before an administrative law judge where the Burden of Proof is on the disputing party, most often the parents or legal guardians.

Because parents typically lack the resources, expertise, and legal skills needed to demonstrate a school district's noncompliance, MCCPTA supports placing the burden of proof in IDEA cases on the school district. Advocates for children believe that schools are in a better position to demonstrate their compliance with special education law than parents and guardians are to disprove it.

School districts know what services, staffing, modifications, accommodations and placements are available, and how different children have fared with them. School districts also hold students' educational records and employ the people, such as teachers and principals, on whom the parents must rely for testimony in hearings, or in mediation.

On April 24, 2012, MCCPTA passed a resolution urging the Montgomery County Public Schools, the Montgomery County Delegation, and the State of Maryland, to support legislation placing burden of proof on the school districts.

MCCPTA President Janette Gilman released this statement, "This is a matter of fairness and equality. As such, we hope that the Maryland General Assembly will move burden of proof legislation forward in order to help level the playing field for children with disabilities and their families who often face overwhelming challenges."

Current burden of proof legislation is also supported by the Maryland PTA (MDPTA), which includes nearly 960 units across the state.