Wrightslaw
The Special Ed Advocate Newsletter

The U. S. Supreme Court issued their decision in Schaffer v. Weast on Monday, November 14.

The issue in Schaffer was whether, in a due process hearing about a disputed IEP, the parent must prove that the school’s IEP is not appropriate or the school district must prove that their IEP is appropriate.

Should the party that attacks the IEP have the burden of proving that the IEP is not appropriate? Or, should the party that prepared the IEP, and has greater expertise and resources, have the burden of proving that the IEP is appropriate?

Justice Sandra Day O'Connor wrote for the majority in the 6-2 decision. Justices Breyer and Ginsberg dissented for very different reasons.

Justice O'Connor explained that the Court “granted certiorari … to resolve the following question:

"At an administrative hearing assessing the appropriateness of an IEP, which party bears the burden of persuasion?”

What Does the Decision in Schaffer v. Weast Mean to YOU?

As Pete Wright explains in What Does the Decision in Schaffer v. Weast Mean to You, the implications of the decision will depend on where you live.

Some states already operate under the rule that the moving party has the burden of proof. In other states, the school district has the burden of proof. In these states, the decision should have no significant impact.

If your state did not have a pre-existing state rule or regulation that assigned the burden of proof to the school district, the burden will be on the moving party. The article includes a table that describes the impact by state.

Parent's Rights and Protections as "Firepower to Match the Opposition"

The decision focuses on parental rights and safeguards, especially Prior Written Notice and changes in the reauthorized IDEA 2004.

In What Does the Decision in Schaffer v. Weast Mean to You? Pete also describes due process hearings in states where the burden is on the moving party (usually the parent) and in states where the burden is on the school district.

Pete explains the single most important thing you must do to prevail in a due process hearing ... regardless of who has the burden of proof.

What Does the Decision in Schaffer v. Weast Mean to You? by Pete Wright is also available as a printer-friendly pdf document at https://www.wrightslaw.com/law/art/schaffer.impact.pwright.pdf

For background information about the case, decisions, pleadings, amicus briefs and news, please go to the Schaffer v. Weast page at https://www.wrightslaw.com/news/05/schaffer.weast.htm

• new requirements for evaluations, reevaluations, parental consent
• new requirements for IEPs, IEP teams, IEP meetings
• eligibility requirements for students with specific learning disabilities
• accommodations on high stakes tests, accommodations guidelines, alternate assessments
• new rules about discipline and manifestation reviews
• new procedural requirements and timelines, including the “Due Process Complaint Notice” and “Resolution (IEP) Session”
• implications of the Schaffer v. Weast decision