"Additional Evidence" under the Individuals with Disabilities Education Act: The Need for Rigor

Abstract:     
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, K2

Accepted Paper Series