Schaffer Ex Rel. Schaffer v. Weast

The Individuals with Disabilities Education Act (IDEA or Act), 84 Stat. 175, as amended, 20 U. S. C. § 1400 et seq. (2000 ed. and Supp. V), is a Spending Clause statute that seeks to ensure that “all children with disabilities have available to them a free appropriate public education,” § 1400(d)(1)(A) (2000 ed., Supp. V). Under IDEA, school districts must create an “individualized education program” (IEP) for each disabled child. § 1414(d). If parents believe their child’s IEP is inappropriate, they may request an “impartial due process hearing.” § 1415(f). The Act is silent, however, as to…