Page:United States Reports 546.pdf/266

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546US1

Unit: $$U7

[09-04-08 12:12:39] PAGES PGT: OPIN

Cite as: 546 U. S. 49 (2005)

55

Opinion of the Court

needed smaller classes and more intensive services. The Schaffers thus enrolled Brian in another private school, and initiated a due process hearing challenging the IEP and seeking compensation for the cost of Brian’s subsequent pri­ vate education. In Maryland, IEP hearings are conducted by administra­ tive law judges (ALJs). See Md. Educ. Code Ann. § 8–413(c) (Lexis 2004). After a 3-day hearing, the ALJ deemed the evidence close, held that the parents bore the burden of per­ suasion, and ruled in favor of the school district. The par­ ents brought a civil action challenging the result. The United States District Court for the District of Maryland reversed and remanded, after concluding that the burden of persuasion is on the school district. Brian S. v. Vance, 86 F. Supp. 2d 538 (2000). Around the same time, MCPS of­ fered Brian a placement in a high school with a special learn­ ing center. Brian’s parents accepted, and Brian was edu­ cated in that program until he graduated from high school. The suit remained alive, however, because the parents sought compensation for the private school tuition and re­ lated expenses. Respondents appealed to the United States Court of Ap­ peals for the Fourth Circuit. While the appeal was pending, the ALJ reconsidered the case, deemed the evidence truly in “equipoise,” and ruled in favor of the parents. The Fourth Circuit vacated and remanded the appeal so that it could consider the burden of proof issue along with the merits on a later appeal. The District Court reaffirmed its ruling that the school district has the burden of proof. 240 F. Supp. 2d 396 (Md. 2002). On appeal, a divided panel of the Fourth Circuit reversed. Judge Michael, writing for the majority, concluded that petitioners offered no persuasive reason to “depart from the normal rule of allocating the burden to the party seeking relief.” 377 F. 3d 449, 453 (2004). We granted certiorari, 543 U. S. 1145 (2005), to resolve the fol­