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SCHAFFER v. WEAST Syllabus

marginal dollars should be allocated to litigation and administrative ex­ penditures or to educational services. There is reason to believe that a great deal is already spent on IDEA administration, and Congress has repeatedly amended the Act to reduce its administrative and litigation­ related costs. The Act also does not support petitioners’ conclusion, in effect, that every IEP should be assumed to be invalid until the school district demonstrates that it is not. Petitioners’ most plausible argu­ ment—that ordinary fairness requires that a litigant not have the bur­ den of establishing facts peculiarly within the knowledge of his adver­ sary, United States v. New York, N. H. & H. R. Co., 355 U. S. 253, 256, n. 5—fails because IDEA gives parents a number of procedural pro­ tections that ensure that they are not left without a realistic chance to access evidence or without an expert to match the government. Pp. 58–61. 377 F. 3d 449, afﬁrmed. O’Connor, J., delivered the opinion of the Court, in which Stevens, Scalia, Kennedy, Souter, and Thomas, JJ., joined. Stevens, J., ﬁled a concurring opinion, post, p. 62. Ginsburg, J., post, p. 63, and Breyer, J., post, p. 67, ﬁled dissenting opinions. Roberts, C. J., took no part in the consideration or decision of the case.

William H. Hurd argued the cause for petitioners. With him on the briefs were Siran S. Faulders, Michael J. Eig, and Haylie M. Iseman. Gregory G. Garre argued the cause for respondents. With him on the brief were Maree F. Sneed, Jonathan S. Frank­ lin, Zvi Greismann, Judith S. Bresler, Eric C. Brousaides, and Jeffrey A. Krew. David B. Salmons argued the cause for the United States as amicus curiae urging afﬁrmance. With him on the brief were Solicitor General Clement, Assistant Attorney Gen­ eral Keisler, Acting Assistant Attorney General Schlozman, Marleigh D. Dover, Stephanie R. Marcus, and Kent D. Talbert.* wealth of Virginia et al. by Judith Williams Jagdmann, Attorney General of Virginia, William E. Thro, State Solicitor General, Eric A. Gregory and Joel C. Hoppe, Associate State Solicitors General, and Maureen Riley Matsen, Deputy Attorney General, and by the Attorneys General for their
 * Briefs of amici curiae urging reversal were ﬁled for the Common­