State Laws for Due Process Hearings Under the Individuals with Disabilities Education Act II: The Post-Hearing Stage

Zirkel, Perry A.

Journal: Journal of the National Association of Administrative Law Judiciary

Volume: 40

Year: 2020

Bluebook Citation: 40 J. NAT'L ASS'N ADMIN. L. JUD. (2020)

Author: Perry A. Zirkel: all 124 publications


Abstract

A recent issue of this journal contained an article that canvassed state laws that added to the basic requirements of the Individuals with Disabilities Education Act (IDEA) for due process hearings (DPHs). The purpose of this follow-up analysis is to supplement the earlier article by canvassing state law provisions specific to the post-hearing stage of IDEA DPHs. The length is relatively brief because (1) the springboard article on the hearing stage provided the detailed foundation, (2) the scope of the post-hearing stage is much more limited, and (3) the previous literature has largely unexplored this stage. Otherwise in accordance with the format of the original article, Part I provides the template of IDEA requirements for the post-hearing stage.

Part II tabulates the state law provisions that supplement the federal template. Part III provides a discussion of the results along with recommendations for future policymaking and scholarship.

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