Parents and not school system have burden of proof on sufficiency of IEP

In Weast v. Schaffer, the Fourth Circuit in an opinion by Judge Michael joined by Judge Wilkinson with Judge Luttig dissenting held that in administrative proceedings under the IDEA to determine the sufficiency of the student's IEP, the burden of proof is on the parents, and not on the school system. The Court noted that there is a split in the circuits on this issue. Judge Luttig in his dissent expressed his fears that the policies of the Act would be defeated, particularly where unsophisticated parents were required to master the complexities of the IDEA to meet the burden placed upon them by the majority's opinion.