Monday, November 14, 2005

Supreme Court Decides Schaffer v. Weast

This morning, the Supreme Court issued its decision in Schaffer v. Weast, which presented the question whether the parents or the school district bear the burden of persuasion in an administrative hearing in which the parent is challenging an IEP. The Court held, unsurprisingly, that the party seeking relief in the administrative hearing bears the burden of persuasion. Justice O'Connor wrote for the Court, and Justices Ginsburg and Breyer filed separate dissents. Chief Justice Roberts did not participate.


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