Remedial authority of hearing and review officers under IDEA

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The cornerstone for resolving disputes between parents and districts as to eligibility, FAPE, and other issues under IDEA is an impartial administrative hearing conducted by a hearing/review officer (H/RO). Yet IDEA is largely silent about the boundaries of remedial authority that H/ROs have to grant relief to aggrieved parties as state and federal courts do (e.g., tuition reimbursement, compensatory education). Using sources such as pertinent court decisions, published H/RO decisions, and interpretations of the Department of Education’s Office of Special Education Programs (OSEP) to date, this article updates a comprehensive synthesis published five years ago of the legal basis and boundaries of H/ROs’ remedial authority under IDEA and state special education laws. (posted April 26, 2012) 

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