Affiliation:
1. University of South Carolina School of Law
2. University of South Carolina, Columbia, SC 29208,
3. Clemson University
Abstract
On November 14, 2005, the U.S. Supreme Court announced its decision in Schaffer v. Weast. This special education decision concerned which party bears the burden of persuasion when parents challenge a school district's Individualized Education Program (IEP) in a due process hearing. In this article, we define burden of persuasion and explain its application in Individuals with Disabilities Education Act (IDEA)–related cases prior to Schaffer; we discuss the relevant history of the case; we summarize the facts and analyze the reasoning of the majority, concurring, and dissenting opinions in the Supreme Court's decision; and we address the implications of the Schaffer decision for special educators and for the parents and children served by the IDEA.
Subject
Public Health, Environmental and Occupational Health,Education
Reference12 articles.
1. Attorney: IEP case no slam dunk for school districts. The Special Educator: News and Analysis of Events Important to Special Educators , 21(11), p. 6.
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