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

31 Pages Posted: 25 Jul 2006

See all articles by Andrey Krahmal

Andrey Krahmal

Harvard Law School; Temple Tax Chambers

Perry Zirkel

Lehigh University

Emily Kirk

United States Congress

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.

Keywords: Additional Evidence, IDEA, Individuals With Disabilities Education Act, education

JEL Classification: H52, I2, I20, I21, I22, I28, I29, I31, K19,K23, K2

Suggested Citation

Krahmal, Andrey and Zirkel, Perry and Kirk, Emily, "Additional Evidence" under the Individuals with Disabilities Education Act: The Need for Rigor. Texas Journal on Civil Liberties and Civil Rights, Vol. 9, p. 201, 2004 , Available at SSRN: https://ssrn.com/abstract=918398

Andrey Krahmal (Contact Author)

Harvard Law School ( email )

1575 Massachusetts
Hauser 406
Cambridge, MA 02138
United States

Temple Tax Chambers ( email )

1st Floor, 3 Temple Gardens
London, EC4Y 9AU
United Kingdom
020 7353 7884 (Phone)

Perry Zirkel

Lehigh University ( email )

621 Taylor Street
Bethlehem, PA 18015

Emily Kirk

United States Congress ( email )

Washington, DC 20515
United States

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