Schaffer, a Minor, by His Parents and Next Friends, Schaffer v. Weast, Superintend — Ginsburg, J…

Summary

Justice Ginsburg dissents, arguing that policy considerations, convenience, and fairness dictate the school district rather than the parents should bear the burden of proof in IDEA due process hearings. This reasoning is complemented by Justice Breyer dissenting, who would remand for the state ALJ to apply state procedural law, and Justice Stevens concurring, who joins the Court’s disposition to presume school officials are performing responsibly.