Impartiality of hearing and review officers under the Individuals with Disabilities Education Act: A checklist of the legal boundaries.

Date Published:
Source
North Dakota Law Review
Authors:
Maher, P. J. & Zirkel, P. A.
Volume
83
Issue
1
Page Numbers
109-122

This article provides an overview of the relevant legal authority pertaining to the impartiality requirements for hearing and review officers under the Individuals with Disabilities Education Act (IDEA). The overview is in the form of a checklist containing items derived from published court decisions, hearing and review officer decisions, and federal agency interpretations. Based on the applicable legal authority, each item is described on a four-part continuum ranging from "clearly impartial" to "clearly biased." The article concludes with a summary and recommendations for the IDEA impartiality requirements. (Abstract from author)