The Oyez Project Virtual Tour of the Supreme Court Building

Abstract

Granted: Tuesday, February 22, 2005
Argument: Wednesday, October 5, 2005
Decision: Monday, November 14, 2005
Issues: Civil Rights, Rights of Handicapped

Advocates

Gregory G. Garre (argued the cause for Respondents)
William H. Hurd (argued the cause for Petitioners)
David B. Salmons (argued the cause for Respondents)

Facts of the Case

The parents of Brian Schaffer, a disabled child, sued their public school district under the Individuals with Disabilities Education Act (IDEA). Schaffer's parents claimed the Individualized Education Program that the school system devised for their son, and which IDEA required for each disabled student, was inadequate. The district court ruled for the Schaffers, but the Fourth Circuit reversed, holding that the lower court incorrectly assigned the burden of proof to the school system. Because IDEA was silent on whether the parents or the school system bear the burden of proof, the Fourth Circuit held, the general rule that the party initiating the suit bears that burden should be applied.

Question

Do the parents or school system bear the burden of proof in disputes over a child's individualized education program under the Individuals with Disabilities Education Act?

Conclusion

In a 6 to 2 ruling, the Supreme Court held that the party bringing the suit bears the burden of proof, whether that party is the parents or the school system. In the majority opinion, Justice Sandra Day O'Connor wrote that "absent some reason to believe that Congress intended otherwise, ... we will conclude that the burden of persuasion lies where it usually falls, upon the party seeking relief."

Supreme Court Justice Opinions and Votes (by Seniority)

Sort by Ideology
(More information here)
Decision: 6 votes for Weast, 2 vote(s) against
Legal Provision: Education of the Handicapped, Education for All Handicapped Children, or Individuals with Disabilities Education Acts, or related statutes, as amended; also see ADA
Did not participate
Roberts
Voted with the majority
Stevens
Wrote the majority opinion
O'Connor
Voted with the majority
Scalia
Voted with the majority
Kennedy
Voted with the majority
Souter
Voted with the majority
Thomas
Wrote a dissent
Ginsburg
Wrote a dissent
Breyer
Full Opinion by Justice Sandra Day O'Connor

Cite this page

The Oyez Project, Schaffer v. Weast, 546 U.S. ___ (2005),
available at: <http://www.oyez.org/cases/2000-2009/2005/2005_04_698/>
(last visited ).