United States Eighth Circuit

In an action alleging defendant-school district violated a child's right to a free appropriate public education (FAPE) under the Individuals with Disabilities Education Act (IDEA), a ruling in favor of the parent is reversed where: 1) despite their compliance with state law, the ALJ and district court erred in placing the burden of persuasion in the IDEA proceeding on the district, as opposed to the party seeking relief; and 2) the ALJ's award of compensatory educational services and the district court's award of attorneys' fees under the IDEA required reversal on the merits.

Appellate Information

• Decided 01/04/2008
• Published 01/04/2008

Judges

• LOKEN, Chief Judge., Before LOKEN, Chief Judge, BEAM and RILEY, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Laura T. Booth, argued, Plymouth, MN, for appellant.


• For Appellees:
  
• Margaret O. Kane, argued, St. Paul, MN, for appellee.