WEAST v. SCHAFFER, 03-1030
In a challenge under the Individuals with Disabilities Education Act, the general rule is that the party initiating a proceeding has the burden of proof, and, consequently, the district court's decision to assign the burden of proof to the school system is reversed.
- Decided 07/29/2004
- Published 07/29/2004
Before WILKINSON, LUTTIG, and MICHAEL, Circuit Judges.
United States Fourth Circuit
ARGUED:Zvi Greismann, Montgomery County Public Schools, Rockville, Maryland, for Appellants. Michael Jeffrey Eig, Chevy Chase, Maryland, for Appellees. ON BRIEF:Haylie M. Iseman, Michael J. Eig & Associates, P.C., Chevy Chase, Maryland, for Appellees. Naomi Gittins, Staff Attorney, National School Boards Association, Alexandria, Virginia; Scott Price, General Counsel, South Carolina School Boards Association, Columbia, South Carolina; Allison B. Schafer, Director of Policy/Legal Services, North Carolina School Boards Association, Raleigh, North Carolina; Stephen C. Bounds, Director of Legal & Policy Services, Maryland Association of Boards of Education, Annapolis, Maryland; Elizabeth Ewing, Director of Legal & Policy Services, Virginia School Boards Association, Charlottesville, Virginia, for Amici Curiae.