Missing the Big Idea: The Supreme Court Loses Sight of the Policy Behind the Individuals with Disabilities Education Act in Schaffer v. Weast

On November 14, 2005, the U.S. Supreme Court, in Schaffer v. Weast, held that parents who request a due process hearing to challenge an Individualized Education Program developed for their child under the Individuals with Disabilities Education Act (IDEA) bear the burden of proving that the placement does not provide a free and appropriate public education as required by the Act. This holding conflicts with the clear policy of the statute and instead permits school districts to discriminate against minority students by restricting their educational placements more than necessary.