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ERIC Number: EJ759447
Record Type: Journal
Publication Date: 2005-Mar-2
Pages: 2
Abstractor: ERIC
Reference Count: N/A
ISSN: ISSN-0277-4232
High Court to Decide Who Must Prove Case in Special Education Disputes
Hendrie, Caroline
Education Week, v24 n25 p1, 27 Mar 2005
When it comes to the legal fight over special education that they have waged for the past seven years, Jocelyn S. and Martin P. Schaffer and their Maryland school district don't agree on much. But the two sides do see eye to eye on this: With the U.S Supreme Court's decision to review the Schaffers' case, the dispute suddenly has the potential to shape the outcome of clashes over special education between parents and public schools across the nation for years to come. At issue before the high court in "Schaffer v. Weast" is which side bears the legal burden of proof when parents and school districts disagree over the services or placement that children with disabilities require. With the federal Individuals with Disabilities Act silent on that question, judges in federal and state courts repeatedly have come down on opposite sides.
Editorial Projects in Education. 6935 Arlington Road Suite 100, Bethesda, MD 20814-5233. Tel: 800-346-1834; Tel: 301-280-3100; e-mail:; Web site:
Publication Type: Journal Articles; Reports - Descriptive
Education Level: Elementary Secondary Education
Audience: N/A
Language: English
Sponsor: N/A
Authoring Institution: N/A
Identifiers - Location: Maryland
Identifiers - Laws, Policies, & Programs: Individuals with Disabilities Education Act