"Additional Evidence" under the Individuals with Disabilities Education Act: The Need for Rigor
Allen & Overy; Harvard Law School
United States Congress
Texas Journal on Civil Liberties and Civil Rights, Vol. 9, p. 201, 2004
The article addresses the inconsistent standards used by the courts, on appeal from final administrative decision, to hear additional evidence under the Individuals with Disabilities Education Act. The authors argue that courts often admit evidence and announce a standard without providing any reasoned analysis, or contradict themselves by announcing a rule and reaching an opposing result. The legislative scheme as presently promulgated and interpreted, they indicate, permits too much judicial atitude, producing a review system that is procedurally lax, cumbersome, and inefficient.
Number of Pages in PDF File: 31
Keywords: Additional Evidence, IDEA, Individuals With Disabilities Education Act, education
JEL Classification: H52, I2, I20, I21, I22, I28, I29, I31, K19,K23, K2Accepted Paper Series
Date posted: July 25, 2006
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