[esd-dir] OSL&P--Supreme Court Decides "Schaffer v. Weast"

[ZERBE Debra]

TO:	All District and ESD Special Education Directors
	Interested Persons

The message below is being forwarded to you on behalf of:
 
Nancy Latini, PhD
Assistant Superintendent
Student Learning & Partnerships

______________________________________________ 

November 15, 2005

TO:	All District and ESD Special Education Directors
	Interested Persons

RE:	Supreme Court Decides "Schaffer v. Weast"


The National Association of State Directors of Special Education
released the announcement and link below.

The Supreme Court handed down its decision in Schaffer v. Weast, the
special education lawsuit from Montgomery County, MD on the burden of
proof in special ed litigation.  The Court held that the party seeking
relief, whether it is the student and/or family or the school district,
has the burden of proof.  Justice O'Connor delivered the opinion of the
Court with Justices Stevens, Scalia, Kennedy, Souter and Thomas
concurring.  Justices Ginsburg and Breyer filed dissenting opinions.
Chief Justice Roberts had recused himself from participating in the
decision because of his previous work with one of the attorneys in the
case.  To view the Supreme Court decision, go to: 

http://a257.g.akamaitech.net/7/257/2422/14nov20051045/www.supremecourtus
.gov/opinions/05pdf/04-698.pdf.


Nancy Latini, PhD
Assistant Superintendent
Student Learning & Partnerships


Messages to and from this e-mail address may be made available to the
public under Oregon law.

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