Date Published: Feb 28, 2013
Source: 
Journal of the National Association of Administrative Law Judiciary
Authors: 
Zirkel, P.A.
Volume: 
33
Issue: 
1
Page Numbers: 
242-260
This article offers analysis and recommendations concerning impartial hearing officers' (IHOs) decisions under IDEA, specifically in FAPE cases. [Excerpt from introduction] "The article consists of three successive parts. The first part provides observations and recommendations concerning the prevailing norms for the legal defensibility of the IHO’s written decision. The second part addresses the FAPE standards in terms of a three-step framework for decision-making. The final part canvasses the primary remedies—tuition reimbursement and compensatory education—other than prospective injunctive relief." (p.245) [Conclusion] "Appropriate IHO decisions under the IDEA borrow from best practices in administrative adjudication more generally but also add the specialized features of the IDEA statutory and regulatory framework and the extensive case law. This outline of observations and recommendations focuses on these specialized additions, with due customization for the variance attributable to differences among (1) state special education laws in terms of their added requirements, and (2) judicial jurisdictions in terms of their particular interpretations." (p.260)

This article offers analysis and recommendations concerning impartial hearing officers' (IHOs) decisions under IDEA, specifically in FAPE cases.

 

[Excerpt from introduction]

    "The article consists of three successive parts. The first part provides observations and recommendations concerning the prevailing norms for the legal defensibility of the IHO’s written decision. The second part addresses the FAPE standards in terms of a three-step framework for decision-making. The final part canvasses the primary remedies—tuition reimbursement and compensatory education—other than prospective injunctive relief." (p.245)

 

[Conclusion]

     "Appropriate IHO decisions under the IDEA borrow from best practices in administrative adjudication more generally but also add the specialized features of the IDEA statutory and regulatory framework and the extensive case law. This outline of observations and recommendations focuses on these specialized additions, with due customization for the variance attributable to differences among (1) state special education laws in terms of their added requirements, and (2) judicial jurisdictions in terms of their particular interpretations." (p.260)

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