United States Fourth Circuit

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.

Appellate Information

• Decided 07/29/2004
• Published 07/29/2004

Judges

• Before WILKINSON, LUTTIG, and MICHAEL, Circuit Judges.

Court

• United States Fourth Circuit

Counsel

• For Appellees:
  
• 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.