ELC has filed amicus briefs in two special education cases that raise important issues related to the rights of students with disabilities under the federal Individuals with Disabilities Education Act (IDEA).

P.N. v. Clementon BOE

In this case before the Third Circuit Court of Appeals in Philadelphia, ELC and the law firm of Drinker, Biddle and Reath, as pro bono counsel, filed an amicus brief on behalf of fifteen local and national disability rights advocacy groups.

The P.N. case raises the issue of who is a "prevailing party" in special education cases for purposes of obtaining prevailing party attorney's fees. In addition to supporting the student's argument that he obtained all the relief sought and is entitled to "prevailing party" status, the amicus brief provides the Third Circuit with a powerful discussion of the negative impact the lower district court opinion will have on students with disabilities, especially those who are indigent, if upheld.

Schaffer v. Weast

In a case before the United States Supreme Court, ELC and twelve other disability advocacy groups are appearing as amici, filing a brief with the high court.

The Schaffer case presents the court with the critical issue of who should bear the burden of proof in contested special education cases – the school district or the student with the disability. The amicus brief endorses the student-plaintiff’s position that the burden should be placed on the district. The brief argues that giving the burden to districts implements Congress’ affirmative mandate under the Individuals with Disabilities Education Act (IDEA) that school districts locate, identify, evaluate and appropriately educate children with disabilities.

Schaffer is on appeal from the Fourth Circuit. The amicus brief argues that the Supreme Court should adopt the rulings of our Third Circuit on the issue, which has held that school boards bear the burden of proof. This case will be argued next term.

For more information on these cases, contact ELC Senior Attorney Ruth Lowenkron.

Prepared: June 7, 2005