The Remedial Authority of Hearing and Review Officers Under the Individuals with Disabilities Education Act: An Update

April 2012

 

About this Article

This article provides an update of a comprehensive review that the Administrative Law Review published five years ago, which synthesized the various sources of law specific to the remedial authority of hearing/review officers (H/ROs) under the Individuals with Disabilities Education Act (IDEA).  The publisher of the Administrative Law Review, which contained the original version, provided permission for the updated publication here.

The cornerstone for resolving disputes between parents and districts as to eligibility, FAPE, and other issues under IDEA is an impartial administrative adjudication 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 decisions, published H/RO decisions, and interpretations of the Department of Education’s Office of Special Education Programs (OSEP) to date, this article updates a comprehensive synthesis published five years ago of the legal basis and boundaries of H/ROs’ remedial authority under IDEA and state special education laws.

Note: Case Law is a very dynamic field, and cases are routinely overturned or modified by subsequent decisions. Articles on this site should not be considered to represent the full breadth of the law or the most current information. For specific, current information, you should consult a legal professional.

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General Information

Read the article: http://parentcenterhub.org/wp-content/uploads/repo_items/journals/zirkel3.pdf

APA Citation:  Zirkel, P. (2011).  The remedial authority of hearing and review officers under the Individuals with Disabilities Education Act: An update. Journal of the National Association of Administrative Law Judiciary, 31, 1-43.

Author: Zirkel, Perry A.

Title:  The Remedial Authority of Hearing and Review Officers Under the Individuals with Disabilities Education Act: An Update.

Year:   2011

Journal:  Journal of the National Association of Administrative Law Judiciary

Publisher:  National Association of Administrative Law Judiciary

Volume: 31

Issue: 1

Pages:  1-43

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Yes.  NICHCY expresses its appreciation to the National Association of Administrative Law Judiciary for its generous permission to post this article on our website.

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