Supreme Court rules that parents must prove claim against school district

On November 14, the U.S. Supreme Court ruled that parents, not school officials, have the burden of proving a parents' claim that an individualized educational program (IEP) for a child with a disability does not satisfy the child's needs.

The 6-2 ruling came in the case of Schaffer v. Weast. The case focused on who has the burden of proof in disputed cases under the Individuals with Disabilities Education Act. NEA supported the position that educators should not have the burden of proving that an IEP is appropriate but rather that parents who reject the IEP need to be able to prove why the IEP is not appropriate.

The Supreme Court agreed with that position. Justice Sandra Day O'Connor wrote for the majority: "The burden of persuasion in an administrative hearing challenging an Individual Educational Plan is properly placed on the party seeking relief, whether that is the disabled child or the school district." In the Weast case, the Fourth Circuit had ruled the same way, reversing a District Court ruling putting the burden on the school district.

The parents' appeal to the Supreme Court argued unsuccessfully that school officials must always justify the appropriateness of a disabled child's IEP.

Chief Justice John Roberts took no part in the decision. Dissents were filed by Justices Stephen G. Breyer and Ruth Bader Ginsburg. Read the Court's opinion brief for yourself.