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

Summary

Justice Breyer, dissenting, argues that the Individuals with Disabilities Education Act leaves the burden of persuasion at due process hearings to state determination rather than imposing a uniform federal rule. He maintains that respecting state agency jurisdiction over procedures is consistent with the Act’s cooperative federalism framework. Justice Ginsburg dissents in a separate opinion advocating for shifting the burden to school districts based on policy and fairness. Justice Stevens concurred, noting common ground but agreeing with the Court's disposition.