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 Home > News > Tale of Two Advocates: State Bar Issues New Decision on Unauthorized Practice of Law (UPL) (March 7, 2005)


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Supreme Court Will Hear "Burden of Proof Case" in
Weast v. Schaffer

On February 22, 2005, the U. S. Supreme Court agreed to hear Brian Schaffer's appeal of an adverse ruling from the U. S. Court of Appeals for the Fourth Circuit.

The last special education case decided by the Court was Cedar Rapids Community School District v. Garret F. in 1999.

The Fourth Circuit assigned the burden of proof to the party who initiated the special education due process hearing.

The Story

 

Legal Issue: Burden of Proof

In their decision in Weast v. Schaffer, the U. S. Court of Appeals for the Fourth Circuit wrote, "Other circuits are split - and splintered in reasoning - on this question. Three circuits assign the burden to the parents, and four (perhaps five) assign it to the school system."

Petition for Certiorari

Petition for Certiorari prepared by Brian Schaffer's attorney William Hurd: at:
http://www.wrightslaw.com/law/caselaw/05/ussupct.schaffer.petition.hurd.pdf

Decisions

U. S. Court of Appeals for the Fourth Circuit

Weast v. Schaffer, 377 F.3d 449 (4th Cir. 2004)
http://www.wrightslaw.com/law/caselaw/04/4th.schaffer.weast.md.htm

Weast v. Schaffer as a pdf document
http://www.wrightslaw.com/law/caselaw/04/4th.schaffer.weast.md.pdf

U. S. District Court for the Eastern District of Virginia



News

February 22, 2005. The U. S. Supreme Court granted certiorari to hear Brian Schaffer's appeal of an adverse ruling from the U. S. Court of Appeals for the Fourth Circuit. The Fourth Circuit decision assigns the burden of proof to the party who initiates the special education due process hearing.



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