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
Reading & Literacy Webinar
Unlocking Success for Struggling Adolescent Readers
The Science of Reading transformed K-3 literacy. Now it's time to extend that focus to students in grades 6 through 12.
Content provided by STARI
Jobs Virtual Career Fair for Teachers and K-12 Staff
Find teaching jobs and K-12 education jubs at the EdWeek Top School Jobs virtual career fair.
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
College & Workforce Readiness Webinar
Portrait of a Learner: From Vision to Districtwide Practice
Learn how one district turned Portrait of a Learner into an aligned, systemwide practice that sticks.
Content provided by Otus

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 Ed. Dept. Moves to Shutter Its Office for English Learners
Officials plan to move all federal English-learner programs and duties out of a standalone office.
6 min read
A photograph of a letter from the United States Department of Education dated February 13, 2026 stating that "This letter officially provides such notice of her proposal, including rationale, to redelegate OELA's programs and duties to other offices, thereby dissolving the need for a standalone OELA."
Gina Tomko/Education Week via Canva
Federal Trump Admin. Terminates Several Agreements to Protect Transgender Students
The Education Department terminated civil rights agreements under Title IX with five school districts and a college.
1 min read
AB Hernandez, a transgender student at Jurupa Valley High School, packs up her belongings under a canopy as athletes compete in the boys 4x800 meter relay at the California high school track-and-field championships in Clovis, Calif., Saturday, May 31, 2025.
AB Hernandez, a transgender student at Jurupa Valley High School, packs up her belongings under a canopy as athletes compete at the California high school track-and-field championships in Clovis, Calif., on May 31, 2025. The Trump administration said Monday it has terminated agreements previous administrations reached with five school districts and a college aimed to uphold rights and protections for transgender students.
Jae C. Hong/AP
Federal Moms for Liberty Wanted School Board Seats. They Got a Voice in the White House
Moms for Liberty is being embraced by the Trump administration and gaining new influence in national decisions.
6 min read
Tina Descovich poses for a portrait Monday, March 23, 2026, in Washington.
Tina Descovich poses for a portrait Monday, March 23, 2026, in Washington. The co-founder of Moms for Liberty estimates she's been to the White House a dozen times since the start of the second Trump administration, which has leaned in to many of the culture war battles the organization started fighting at the school board level five years ago.
Allison Robbert/AP
Federal Tracker See Which Ed. Dept. Programs Are Moving to New Agencies: A Tracker
K-12 and higher education programs are heading to new agencies as part of Trump administration downsizing.
1 min read
Photo collaged image of the U.S. Department of Education shattering.
Vanessa Solis/Education Week + AP + Getty