Remedial authority of hearing and review officers under IDEA

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 … [Read more...]

Second Circuit and New York Case Law under the IDEA and Section 504/ADA

February 2013 Read the article (PDF) About This Article With the exception of the District of Columbia, New York is the leading jurisdiction in terms of adjudicated impartial hearings under the Individuals with Disabilities Education Act (IDEA).  Thus, its impartial hearing officers may find it beneficial to have a ready source of the judicial precedents in their jurisdiction. This annotated outline is a 11/21/12 compilation of most … [Read more...]

Seventh Circuit and Illinois Law under the IDEA and Section 504/ADA

February 2013Read the article (PDF)About This ArticleThis annotated outline is a compilation of most of the officially and unofficially published special education decisions issued by the Seventh Circuit and the courts in Illinois starting in 1995 and ending with the compiling date of 12/31/12.Because the primary intended use is for Illinois impartial hearing officers (IHOs), the coverage does not extend to pertinent rulings that are no longer … [Read more...]

Independent Educational Evaluation Reimbursement under the IDEA: An Update

September 2013 Read the article (PDF) About this Article The 2004 Individuals with Disabilities Education Act (IDEA) legislation and the 2006 IDEA regulations left largely unchanged the parent’s conditional right to obtain an independent educational evaluation (IEE) at public expense. The specified conditions form what amounts to a flowchart-like framework akin to the multi-step test for tuition reimbursement under the IDEA.  The … [Read more...]

NOTICE: NICHCY is going away, but its resources are not. Find hundreds of legacy NICHCY publications, as well as our training curriculum on IDEA 2004, in the Center for Parent Information and Resources' Library at http://www.parentcenterhub.org/resources. This website will remain available until September 30, 2014. After that date, web visitors will be automatically redirected to http://www.parentcenterhub.org.