Education Law - SchoolNET

U.S Supreme Court Settles Burden of Persuasion Issue for IDEA Hearings

On November 14, 2005, the U.S. Supreme Court rendered its decision in Schaffer v. Weast, a case that will significantly impact how special education hearings are conducted throughout the nation. In deciding Schaffer, the Court determined that the traditional burden of persuasion in litigation matters, specifically that the party commencing suit bears the burden of proving the elements of its claim, were applicable to administrative hearings brought under the Individuals with Disabilities Education Act (IDEA). Notably, the IDEA is silent on this issue, so the court had to base its decision on general special education law and litigation principles.

In Schaffer, the court ruled 6-2 in favor of the Montgomery County (Md.) Public School District, determining that the party commencing a due process hearing under the IDEA -- usually the parent of a special education student -- bears the burden of persuasion. In its ruling, the court noted there was no justification for veering from the traditional burden of persuasion principles. The court also opined that during a hearing, parents should be able to present evidence to support their position and, perhaps, meet their burden of persuasion because the IDEA grants to them, among other procedural entitlements, the right to access their child's educational records.

Prior to Schaffer, it was well accepted in New York that the burden of persuasion was always on the school district in special education hearings, even though, in most instances, the hearings were commenced by a parent. This general rule was based on a decision by the Second Circuit Court of Appeals, the federal appellate court with jurisdiction over New York. The Schaffer decision essentially overturned the Second Circuit's prior ruling and settled -- at least until Congress further amends the IDEA -- the burden of persuasion issue. Now, during impartial hearings in New York State and throughout the nation, the burden of persuasion shall be on the party who initiates the proceeding. This decision will undoubtedly impact how the parties prepare for and present their respective cases.

If you have any questions about the impact of the Schaffer decision or any other special education law issue, please contact any member of Hodgson Russ' Education Law Group.