Federal

Switching Sides, U.S. Backs District in IDEA Case Before Supreme Court

By Christina A. Samuels — June 28, 2005 4 min read
  • Save to favorites
  • Print

The Bush administration has reversed an earlier stance taken by the federal government on a legal appeal dealing with the burden of proof in special education cases, choosing to support the position taken by a Maryland school district in a case pending before the U.S. Supreme Court.

In a case that could shape the outcome of special education disputes across the country, the Supreme Court will decide in Schaffer v. Weast (Case No. 04-698) which side bears the burden of proof in disputes over children’s individualized education programs, or IEPs. The question is whether parents need to prove that IEPs are inadequate, or whether school systems must show that the programs sufficiently meet students’ needs.

In 2000, while the case was pending in a federal appeals court in Richmond, Va., the Department of Justice under President Clinton filed a brief arguing that school districts bear the burden of proving that the programs they develop are the best ones for particular students.

But in a friend-of-the-court brief filed with the high court on June 24, U.S. Solicitor General Paul D. Clement said that after a “a careful review” of administrative law and of the changes to the Individuals with Disabilities Education Act approved by Congress late last year, the government was “now of the view” that the burden of proof should fall on the party seeking relief in an IDEA administrative hearing.

The government brief acknowledged that the federal special education statute does not specifically address the issue, which has led to differing interpretations of the burden-of-proof issue by lower federal courts nationwide. However, “several aspects of the statute support placing the burden of proof where it presumptively lies—on the party initiating and seeking relief at the administrative hearing.”

Kent D. Talbert, the Department of Education’s acting general counsel, also signed the administration’s brief.

A Daunting Process?

The case revolves around a former Montgomery County student, Brian Schaffer, whom doctors diagnosed with attention-deficit hyperactivity disorder and learning disabilities. His parents, Jocelyn and Martin Schaffer, sought to have the 139,000-student Montgomery County district reimburse them for their son’s private school tuition because they were dissatisfied with the IEP offered by the school district. Brian, a 7th-grader at the time the dispute started, graduated from high school in 2003.

The Bush administration’s position gives a boost to the school district, said Brian J. Porter, the district’s chief of staff. The district provides special education services to about 12 percent of its students.

“Teachers should be able to do their jobs free of the suggestion that their decisions are presumed to be wrong whenever a parent brings a complaint,” Mr. Porter said.

The Schaffers have argued in court papers that parents find the process of appealing IEP decisions daunting and have limited resources at their disposal compared with school districts.

“Placing the burden on the parents significantly strengthens the hand of often-intransigent school district bureaucracies,” the parents’ Supreme Court brief says. Several friend-of-the-court briefs filed by advocates for people with disabilities in support of the parents suggest the same problem.

But the Bush administration’s brief in support of the district says that the procedural safeguards contained within the IDEA protect parents.

Michael J. Eig, a lawyer for the Schaffers, said the federal government’s turnaround in the case was surprising. In 2000, he said, the federal government made a “very careful policy analysis” of the issue and concluded that the burden of proof was on the side of the parents.

In its 2000 brief when the case was on appeal to the U.S. Court of Appeals for the 4th Circuit, the Clinton administration argued that schools have the burden of showing the adequacy of their proposed IEPs at administrative hearings.

“This result is consistent with the IDEA’s requirement that the public agency bear the responsibility for ensuring that [a free appropriate public education] is available to a child with a disability,” that brief said.

“Nothing has changed in five years,” Mr. Eig said. “Basically, they put a footnote in there saying they changed their minds.”

Ankur J. Goel, who filed a brief on behalf of the Council of Parent Attorneys and Advocates, the National Association of Protection and Advocacy Systems, and other disabilities-rights groups that are supporting the Schaffers, said he believes the IDEA places a strong obligation on school districts to search out students in need of special education services. Also, schools have the resources to defend their educational programs, he said.

The case is expected to be argued early in the Supreme Court’s next term, which begins on the first Monday in October.

Events

This content is provided by our sponsor. It is not written by and does not necessarily reflect the views of Education Week's editorial staff.
Sponsor
Artificial Intelligence Webinar
From Passive to Active Reading: Student Engagement in the Age of AI
What the research tells us about active reading and student engagement—and what it means for teaching in an AI-enabled world.
Content provided by Pearson
This content is provided by our sponsor. It is not written by and does not necessarily reflect the views of Education Week's editorial staff.
Sponsor
Professional Development Webinar
Micro-Learning, Macro Results: Reimagining Professional Learning
Rethink professional learning with 3 strategies that personalize professional learning, validate expertise, and support educator retention.
Content provided by Mira Education & Modiv EDU
This content is provided by our sponsor. It is not written by and does not necessarily reflect the views of Education Week's editorial staff.
Sponsor
School Climate & Safety Webinar
There But Not Present: Rethinking Student Engagement
Learn how to recognize the early signs of disengagement and what the behavioral science reveals about which interventions actually work.
Content provided by Frontline Education

EdWeek Top School Jobs

Teacher Jobs
Search over ten thousand teaching jobs nationwide — elementary, middle, high school and more.
View Jobs
Principal Jobs
Find hundreds of jobs for principals, assistant principals, and other school leadership roles.
View Jobs
Administrator Jobs
Over a thousand district-level jobs: superintendents, directors, more.
View Jobs
Support Staff Jobs
Search thousands of jobs, from paraprofessionals to counselors and more.
View Jobs

Read Next

Federal Bipartisan Bill in Congress Would Help Schools Put Cellphone Bans or Restrictions in Place
The bill would establish a federal grant program to support state efforts to restrict cellphones.
5 min read
Sen. Tom Cotton, R-Ark., the chairman of the Senate Intelligence Committee, center, is joined from left by Sen. John Barrasso, R-Wyo., the GOP whip, and Senate Majority Leader John Thune, R-S.D., as he speaks to reporters ahead of a Wednesday meeting with President Donald Trump, at the Capitol in Washington, Tuesday, June 23, 2026. (AP Photo/J. Scott Applewhite) Senate Minority Leader Chuck Schumer, D-N.Y., speaks to reporters at the Capitol in Washington, Tuesday, June 23, 2026.
Sen. Tom Cotton, R-Ark., speaks to reporters ahead of a meeting with President Donald Trump at the Capitol in Washington on June 23, 2026. Cotton is one of the sponsors of a bipartisan bill that would create a grant program for states to implement school cellphone bans or restrictions.
J. Scott Applewhite/AP
Federal Opinion Public Educators Are Skeptical of the New Federal Tax Credits. They Needn't Be
Unlike vouchers, the new scholarships can benefit students choosing to attend public schools.
Deborah A. Gist & Thomas Arnett
•
5 min read
Giant tax funnel drops money into a public school building. Federal tax scholarships, public schools, private schools, charter schools
Vanessa Solis/Education Week + Getty
Federal Ed. Dept. Officially Kills Biden Rule That Added LGBTQ+ Protections to Title IX
The Education Department reinstates 2020 Title IX regulations effectively in place since early 2025.
4 min read
NEW YORK, NEW YORK - JUNE 13: Local elementary schools participate in the annual Brooklyn Gay Pride Parade, celebrating its 30th year, June 13, 2026 in the Park Slope neighborhood of the borough of Brooklyn, New York City.
Local elementary schools participate in the annual Brooklyn Gay Pride Parade, celebrating its 30th year on June 13, 2026, in the Park Slope neighborhood of the borough of Brooklyn, New York City. The Trump administration has officially rescinded a Biden-era regulation that extended Title IX's prohibition on sex discrimination to cover discrimination based on sexual orientation and gender identity.
Andrew Lichtenstein/Corbis via Getty Images
Federal OpenAI's Models Probed Websites of Department of Education, Other Agencies
The department's office for civil rights was probed in an attempted hack, according to a report.
3 min read
FILE - The OpenAI logo is displayed on a cell phone in front of an image generated by ChatGPT's Dall-E text-to-image model, Dec. 8, 2023, in Boston. (AP Photo/Michael Dwyer, File)