Schaffer v. Weast
Issues
Whether, in an administrative hearing contesting the sufficiency of an Individualized Education Program (IEP) under the Individuals with Disabilities Education Act (IDEA), the burden of proof is on the parent of the special education student to whom the IEP applies or whether the burden instead rests on the school district that is required under the IDEA to develop the IEP.
Under the Individuals with Disabilities Education Act ("IDEA"), 20 U.S.C. § 1400 et seq., parents and schools work together to come up with an appropriate Individualized Education Program ("IEP") for children with special educational needs. When the two parties cannot come to an agreement on the appropriateness or the sufficiency of an IEP the IDEA provides for an “impartial due process hearing,” which either party can initiate, to challenge the IEP at hand. The IDEA is silent as to who has the burden of proof at these hearings. The Court granted certiorari in order to determine to which party the burden should be allocated—the parents or the school. In this case, as in many IEP challenges, the question of burden is outcome determinative. Petitioner argues that principles of due process as well as policy and fairness compel allocation of the burden to the school in all IEP challenges. Respondents argue that Congress intended the burden to be allocated to the party initiating the hearing and seeking relief, as is the customary rule when legislation fails to specifically allocate the burden. The decision in this case will have far reaching implications for children with special educational needs and their families, educational funding, taxpayers, and the IDEA program as a whole.
Questions as Framed for the Court by the Parties
Under the Individuals with Disabilities Education Act, when parents of a disabled child and a local school district reach an impasse over the child's individualized education program, either side has a right to bring the dispute to an administrative hearing officer for resolution. At the hearing, which side has the burden of proof—the parents or the school district?
Under the Individuals with Disabilities Education Act ("IDEA"), 20 U.S.C. § 1400 et seq.
Additional Resources
- Law about... Education, Disability Law, Civil Procedure
- Wikipedia: Burden of proof in civil trials
- Parent Advocates
- Education Week articles:
- “ U.S. Backs District in IDEA Case Before High Court ” (July 13, 2004)
- “ High Court to Decide Who Must Prove Case in Special Ed. Disputes ” (March 2, 2005)