NotesFAQContact Us
Search Tips
Peer reviewed Peer reviewed
Direct linkDirect link
ERIC Number: EJ789474
Record Type: Journal
Publication Date: 2008
Pages: 10
Abstractor: Author
Reference Count: 28
ISSN: ISSN-0741-9325
"Schaffer v. Weast": The Supreme Court on the Burden of Persuasion when Challenging IEPS
Conroy, Terrye; Yell, Mitchell L.; Katsiyannis, Antonis
Remedial and Special Education, v29 n2 p108-117 2008
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. (Contains 2 tables.)
SAGE Publications. 2455 Teller Road, Thousand Oaks, CA 91320. Tel: 800-818-7243; Tel: 805-499-9774; Fax: 800-583-2665; e-mail:; Web site:
Publication Type: Journal Articles; Reports - Descriptive
Education Level: N/A
Audience: Parents; Teachers
Language: English
Sponsor: N/A
Authoring Institution: N/A
Identifiers - Location: Maryland
Identifiers - Laws, Policies, & Programs: Individuals with Disabilities Education Act