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Schaffer v. Weast

United States Court of Appeals, Fourth Circuit
Jan 29, 2009
554 F.3d 470 (4th Cir. 2009)
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Summary

finding that the admission of additional evidence can weaken the IDEA's procedural safeguards and is thus left to the reviewing court's appropriate discretion

Summary of this case from Brado v. Weast
See 7 Summaries

Opinion

No. 07-2038.

Argued: December 2, 2008.

Decided: January 29, 2009.

Appeal from the United States District Court for the District of Maryland, Peter J. Messitte, J.

ARGUED: Michael Eig, Michael J. Eig Associates, P.C., Chevy Chase, Maryland, for Appellants. Audrey Jane Anderson, Hogan Hartson, L.L.P., Washington, D.C., for Appellees. ON BRIEF: Zvi Greismann, Montgomery County Public Schools, Rockville, Maryland; Maree F. Sneed, Jessica L. Ellsworth, Hogan Hartson, L.L.P., Washington, D.C., for Appellees.

Before WILKINSON, MICHAEL, and TRAXLER, Circuit Judges.

Affirmed by published opinion. Judge WILKINSON wrote the opinion, in which Judge MICHAEL and Judge TRAXLER joined.

OPINION

Summaries of

Schaffer v. Weast

United States Court of Appeals, Fourth Circuit
Jan 29, 2009
554 F.3d 470 (4th Cir. 2009)

finding that the admission of additional evidence can weaken the IDEA's procedural safeguards and is thus left to the reviewing court's appropriate discretion

Summary of this case from Brado v. Weast

In Schaffer, the plaintiffs insisted that an IEP from two years after the IEP at issue was "decisive" evidence that the student "had a severe auditory processing problem and needed small classes all along."

Summary of this case from I.O. v. Smith

emphasizing that review of an IEP is prospective, not retrospective

Summary of this case from M.N. v. Sch. Bd. of Va. Beach

explaining that “the dangers of post-hearing evidence are significant”

Summary of this case from Y.B. v. Bd. of Educ. of Prince George's Cnty.

reasoning that “[j]udicial review would simply not be fair to school districts, whose decisions would be judged in hindsight based on later assessments of a student's needs at later point in time” if the court gave significant weight to post-hearing evidence that arose months or years after an administrative hearing

Summary of this case from Y.B. v. Bd. of Educ. of Prince George's Cnty.

In Schaffer, the Fourth Circuit acknowledged the inevitability that additional information will become available after an administrative hearing, such as changes in a child's academic performance.

Summary of this case from M.C.E. v. Board of Education of Frederick County

explaining that if IEP determinations were subject to constant court review based on new information, school districts would be less inclined to ensure accurate updates

Summary of this case from Brado v. Weast
Case details for

Schaffer v. Weast

Case Details

Full title:Brian SCHAFFER, a minor, by his parents and next friends, Jocelyn and…

Court:United States Court of Appeals, Fourth Circuit

Date published: Jan 29, 2009

Citations

554 F.3d 470 (4th Cir. 2009)

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