U.S. Supremes Resolve Circuit Split On Education Plans For Disabled Children

On Monday, the Supreme Court ended the debate in the circuit courts of appeal on the Individuals with Disabilities Education Act (IDEA), 20 U.S.C.A. section 1400, et seq. The IDEA - just think of the punning possibilities - requires school districts to design individual education plans for each disabled child. The circuits were split on who bears the burden of persuasion in an administrative hearing challenging if the plan meets the Act's requirement of a "free appropriate public education." Schaffer v. Weast held the party challenging the plan - typically the parent(s) - has the burden.

Schaffer invoked the general rule that where a statute is silent, the burden of persuasion typically rests with the challenging party. Any other rule would effectively mean the parents can make the plan presumptively invalid just by contesting it. (Neat trick.) Notably, the six justice majority observed that requiring schools to bear the burden of proving their plans are valid would drain "marginal dollars" out of the actual education budget and into the coffers of lawyers. Here's a link to the slip opinion.