In the Schaffer case, the United States Supreme Court resolved some issues regarding who has the burden of proof at an administrative due process hearing. As noted in this chapter, the Court found that the party requesting the hearing bears the burden. What impact does this ruling have on the special education process and requests for hearings?

For school officials, what advantages are there to having the parents request due process and bear the burden of proof at the hearing? From the parents’ perspective, what are the advantages of waiting for the school to request due process?