Remedial authority of hearing and review officers under IDEA

Help with Listen Feature Help with Listen Feature

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)
http://nichcy.org/laws/legal/zirkel3 

, ,

Your feedback helps us improve!

NOTICE: The National Dissemination Center for Children with Disabilities (NICHCY) is no longer in operation. Our funding from the U.S. Department of Education’s Office of Special Education Programs (OSEP) ended on September 30, 2013. Our website and all its free resources will remain available until September 30, 2014.