sade096

Part of what I do involves being a special education mediator, hearing officer and complaint investigator. Another part of what I do involves teaching/training others who do these jobs. When I am training- it sometimes helps to discuss best practices. Another way to learn these jobs is to look at cases that were not handled well, the bad examples. Here is a bad example: an IDEA case goes to a due process hearing. The hearing officer limits each party to three witnesses. Let's stop there, this limit has an arbitrary ring to it, something that reviewing courts do not like. I understand time limits to ensure that a hearing is not unreasonably long, but three witnesses seems like a tough limit. But that was not the issue here... The school district presented its evidence first. After the district's case, the parents move for judgment. This is the functional equivalent of of a motion for directed verdict in a civil trial. I really do not like these motions in an administrative heari...

This is another in a  series of posts comprising an introduction to special education law.  This series is meant to be an introduction for newbies and a refresher course for more experienced readers.  Please let us know what you think about the series. Today's post and the next post concern some unusual procedural issues in due process hearings.  The due process hearing is the administrative law equivalent of a trial in a civil action. A due process hearing resembles a court trial.  Increasingly, parties are represented by lawyers.  Opening statements are made.  Testimony is provided by parents, teachers, related service providers, administrators, and many others- often by expert witnesses.  Although the formal rules of evidence are generally not applied, exhibits, or documentary evidence, are offered and admitted.  The tone is increasingly adversarial.  Either closing arguments are made or written briefs are submitted.  Hearing off...

This is another in a periodic series on the nuts and bolts of special education law.  The series is intended as an overview of key concepts for beginners and a review for those readers who have been around the block. The citations for information about due process hearings are: IDEA, § 615(f); 34 C.F.R. § 300.507 to .515 Concerning the  burden of persuasion  at due process hearings...    Schaffer v. Weast  546 U.S. 49, 126 S.Ct. 528, 44 IDELR 150 (2005). The SupremeCourt held that the burden of persuasion in an IDEA due process hearing is upon the party challenging the IEP.  The “burden of persuasion” involves which party loses if the evidence is closely balanced.  In any civil legal proceeding, if the evidence for both sides is equal, the party with the burden of persuasion loses.  The Court exempted from its decision, however, the burden of persuasion applicable in those states that have laws or regulations placing the burden...