Legal Opinion
Brian S. v. Vance
District Court, D. Maryland
Decided March 15, 2000No. Civ. PJM 99-15PublishedCited by 13 opinions
1Opinion of the Court
OPINION
MESSITTE, District Judge.
I
This case raises the important issue, not yet resolved in the Fourth Circuit, of which party in an action brought under the Individuals with Disabilities Education Act (IDEA) bears the burden of proof at the administrative due process hearing. 1 The circuits that have addressed the issue are divided, some placing the burden upon the school district, others upon the party seeking to challenge the IEP, which ordinarily means the parents. In only a few cases have courts attempted to articulate a rationale for allocating the burden of proof at this level.
In the…
2Cases cited20 opinions
- Honig v. DoeSupreme Court of the United States · 1988
- Robert Walczak and Karen Walczak v. Florida Union Free School District and Maureen FlahertyCourt of Appeals for the Second Circuit · 1998
- Carlisle Area School v. Scott P., by and Through His Guardians, Bess P. And Richard E. P., in No. 94-7520. Carlisle Area School District, in No. 94-7539 v. Scott P., by and Through His Guardians, Bess P. And Richard E. PCourt of Appeals for the Third Circuit · 1995
- Andersen v. Exxon Co.Supreme Court of New Jersey · 1982
- Irving Independent School District v. TatroSupreme Court of the United States · 1984
15 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Schaffer Ex Rel. Schaffer v. WeastSupreme Court of the United States · 2005
- Schaffer Ex Rel. Schaffer v. WeastCourt of Appeals for the Fourth Circuit · 2009
- Weast v. Schaffer Ex Rel. SchafferCourt of Appeals for the Fourth Circuit · 2004
- CM Ex Rel. JM v. Board of Public EducationDistrict Court, W.D. North Carolina · 2002
- Board of Educ. of County of Kanawha v. Michael M.District Court, S.D. West Virginia · 2000
8 more not listed; retrieve them via the Exa API.