Supreme Court of the United States · Official docket →
J. G., By and Through His Parents, Howard Greenberg, et ux. v. Hawaii Department of Education, et al.
Paid petition · United States Court of Appeals for the Ninth Circuit, No. 18-16538 · judgment June 27, 2019
Before the decision, about 1.7× the 4.1% base rate. The model weighted this up for a circuit split argued in the petition, a Ninth Circuit decision below, and counsel who has filed here before.
Question presented
Under the Individuals with Disabilities Education Act, parents of a child with a disability, who previously received special education and related services from a public agency, may unilaterally enroll their student in a private school and thereafter seek reimbursement for such private placement from the public school. 20 U.S.C. §1412(a)(10)(C)(ii). In Florence County School District Four v. Carter, this Court held that parents initially seeking such relief carry the burden of proving “(1) that the public placement violated IDEA, and (2) that the private school placement was proper under the act.” 510 U.S. 7, 15 (1993). This Court again addressed the issue of burden of proof in an initial private placement IDEA case in Schaffer v. Weast, 546 U.S. 49 (2005), holding that the “burden of persuasion lies where it usually falls, upon the party seeking relief.” Id. at 58. Yet, nearly fifteen years on from Schaffer, the circuits are desperately divided on the burden of proof when a school district proposes to change the placement of a child with a disability. In this case, the Ninth Circuit, applying the minority position, held that because the parents initiated the administrative proceedings, they bore the burden of proof. 1. Whether the burden of proof shifts when the public agency seeks to change the educational placement of a child with a disability.
Counsel of record
For petitioner
Robert Craig Thurston
Thurston Law Offices LLC
For respondent
Kunio Kuwabe
State of Hawaii, Department of the Atty. General
Case
Subject area
Civil Rights (estimated from the questions presented, in the Supreme Court Database’s categories)
Conference history
Distributed for 1 conference
Order
Order list, January 27, 2020 · Certiorari denied
Proceedings
- Jan 27 2020Petition DENIED.
- Jan 08 2020DISTRIBUTED for Conference of 1/24/2020.
- Dec 02 2019Waiver of J. G., et al. of right to respond not accepted for filing. (December 05, 2019)
- Nov 25 2019Waiver of right of respondent State of Hawaii, et al. to respond filed.
- Nov 19 2019Petition for a writ of certiorari filed. (Response due December 23, 2019)