Supreme Court to Hear Special Ed Case
Eighth Circuit Court, (E.S. v. Independent Sch. Dist. No. 196, 1998).
So why does it matter? If the Supreme Court rules that schools bear the burden of proof it will become much easier for parents to win a due process hearing (and the proceedings will become much more predictable). And Parents who get involved in their child's IEP process can become more demanding at the out set and threaten due process if they are not happy. On the other hand, if the parents have to bear the burden of proof schools will be able to write IEP's knowing that they are hard to challenge on their own merits unless the parent has a sizable number of resources at their disposal.
This case will take the uncertainty out of this issue and possibly change the tone of the special education process considerably.
The Supreme Court will hear oral arguments on October 5.
References:
- News - Schaffer v. Weast Online at the Wrightlaw Dot Com.
- Weast v. Schaffer (4th Cir 2004) at the Wrightlaw Case Law Library online.
- On the Docket: Schaffer, Brian, et al. v. Weast, Jerry, et al. - By NUSHIN HUQ, Northwestern University, Medill School of Journalism.
- School e-Law Update for N.C. School Administrators.
- High Court to Hear Md. Special-Ed Case - Schools Must Prove Adherence to Disabilities Law, Couple's Suit Asserts, By Tim Craig and Miranda S. Spivack of the Washington Post, February 23, 2005.
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