Home -> Law Blog Directory -> Administrative Law Blogs -> Within the Scope

Administrative Law

: Within the Scope

M.M. is Among SCOTUS Blog?s Cases to Watch

By Eric L. Lipman

A week from tomorrow, on September 29, 2008, the United States Supreme Court will convene for what is known as the "long conference." At this meeting, the Justices will make decisions on which of the petitions for certiorari that have been filed during the summer recess will be granted ? placing the underlying cases on track for presentment to the Court during the Term that officially begins on the following Monday, October 6.

According to SCOTUS Blog, among the "Petitions for Certiorari to Watch" is the petition filed in the case of M.M. v. Special School District No. 1.

As readers of these pages will recall, in April of 2007, a panel of the U.S. Court of Appeals for the Eighth Circuit held that the burden of proof in special education matters under the Individuals with Disabilities Education Act was assigned to the party seeking relief. In most cases, as it was in M.M., this burden would be borne by the parent as the next friend of the disabled student.

Among the questions presented by the petition is whether the states, like Minnesota, may legislatively assign the burden of proof in special education administrative hearings.

Details about this case from the High Court?s Docket system are accessible here. Also, through the enormously helpful resources of SCOTUS Blog, a listing of all of their noteworthy petitions is accessible here; a copy petitioner?s brief in M.M. is accessible here; and a friend of the court brief in support of granting the writ filed by the State of Minnesota, is accessible here. (Note: While the Court Docketing system states that the opposition brief of the Minneapolis Public Schools has been distributed to Justices, SCOTUSblog had not yet received a copy for its posting.)

Full post as published by Within the Scope on September 21, 2008 (boomark / email).