In an opinion favorable to New Jersey’s local boards of education, the Third Circuit Court of Appeals last week ruled that the party filing the complaint in special education proceedings has the burden of proof.

The ruling in L.E. and E.S. o/b/o M.S. v. Ramsey Board of Education expressly addresses the impact of the recent U.S. Supreme Court decision, Schaffer v. Weast, on New Jersey’s public schools. The case in Schaffer originated in Maryland.

Burden on Parents  On November 14, the U.S. Supreme Court ruled in Schaffer that the burden of persuasion in an administrative hearing challenging a student’s Individual Education Program (IEP) “is properly placed upon the party seeking relief”—whether that party is a parent of a special education student or the board of education. Up to that point, New Jersey followed a 1989 state court decision that required school districts to bear the burden of proof whenever parents challenged an IEP.

The Third Circuit’s ruling last week in Ramsey concludes that Schaffer overrules the 1989 state court decision.

Levels Field  In the unanimous opinion, Appellate Judge Maryanne Trump Barry wrote that the Schaffer decision controls the process in cases that are brought under the federal Individuals with Disabilities Education Act (IDEA) and which arise in a state where the burden of proof is not defined by statute or regulation. The Third Circuit’s decision will level the playing field for school districts and parents and will avoid placing the board in the position of being considered guilty until proven innocent, according to an analysis by the NJSBA Legal Department.

Click here for the Third Circuit’s decision.