Resources

Systemic Materials

Materials concerning the structure of due process hearing systems established under IDEA, whether through a central panel or some other approach.

Litigation

• Amicus brief filed in Blackman v. D.C.
• Exhibits to Amicus brief
• Notice of Decision in Blackman v. D.C. (November 5, 2003)
• Consent decree in Blackman v. D.C. (September 17, 2006)

Presentations & Trainings

[Under revision]

Surveys & Studies

Information concerning the record and operation of due process hearings systems.

• Bailey & Zirkel, "Frequency Trends of Court Decisions Under the Individuals with Disabilities Education Act", Journal of Special Education Leadership (March 2015)
• Zirkel, "Are the Outcomes of Hearing (and Review) Officer Decisions Different for Pro Se and Represented Parents?", 34 Journal of the National Association of Administrative Law Judiciary (No.2, Fall 2014).
• Weber, "In Defense of IDEA Due Process," 29 Ohio State J Dispute Res 495 (No. 3, 2014).
• Weber, "All Areas of Suspected Disability," 59 Loyola L Rev. 289 (2013).
• Zirkel & Skidmore, "National Trends in the Frequency and Outcomes of Hearing and Review Officer Decisions Under the IDEA: An Empirical Analysis," 29 Ohio State J Dispute Res 525 (No. 3, 2014).
• Zirkel, "Special Education Hearing Officers: Balance and Bias," 24 J Disab Policy Studies 67 (No. 2, 2013).
• Zirkel, "Who Has the Burden of Persuassion in Impartial Hearings Under the IDEA?" 13.1 Conn Pub Int LJ 1 (Fall-Winter 2013).
• Zirkel, "Adjudicative Remedies for Denials of FAPE under the IDEA," 33-1 J. NAALJ 215 (Spring 2013).
• Zirkel, " 'Appropriate' Decisions Under the Individuals with Disabilities Education Act," 33-1 J. NAALJ 242 (Spring 2013).
• Zirkel, "Special Education Hearing Officers: Balance and Bias," 2013 24:67.
• Seligman & Zirkel, "Compensatory Education for IDEA Violations: The Silly Putty of Remedies?," 45 The Urban Lawyer 281 (Vol. 45, No. 1, Winter 2013).
• Rosenfeld, "It's Time for an Alternative Dispute Resolution Procedure," 32-2 NAALJ 361 (Fall 2012).
• Zirkel, "The Public Schools' Obligation for Impartial Hearings Under Section 504,"  22 Widener L.J. 135 (2012).
• Romberg, "The Means Justify the Ends: Structural Due Process in Special Education Law," 48 Harv. J. Legis. 415 (2011)
• Zirkel, "The Remedial Authority of Hearing and Review Officers Under IDEA: An Update," 31 Journal of the National Association of Administrative Law Judiciary 1 (2011)
• Zirkel and Scala, "Due Process Hearing Systems Under the IDEA: A State-by-State Survey," Journal of Disability Policy Studies 21(1) 3-8.
• Zirkel, "Independent Educational Evaluations at District Expense under the Individuals with Disabilities Education Act," 38 Journal of Law & Education 223 (April 2009)
• Zirkel, "Legal Boundaries for the IDEA Complaint Resolution Process," published in West's Education Law Reporter, vol. 235, pp. 565-70 (2008).
• Zirkel, "Have the Amendments to IDEA Razed Rowley and Raised the Substantive Standard for 'Free Appropriate Public Education'?," 28 Journal of the National Association of Administrative Law Judiciary 396 (Fall 2008).
• Zirkel and Gischlar, "Due Process Hearings Under the IDEA," Journal of Special Education Leadership 21(1) March 2008
• Maher & Zirkel, "Impartiality of Hearing and Review Officers under the IDEA: A Checklist of the Legal Boundaries," 83 N.D. L. Rev. 109 (2007)
• Zirkel, Karanxha and D'Angelo, "Creeping Judicialization in Special Education Hearings? An Exploratory Study," 27 Journal of the National Association of Administrative Law Judiciary 27 (Spring 2007)
• Zirkel, "The Remedial Authority of Hearing and Review Officers Under IDEA," 58 Admin. L.Rev. 401 (2006)
• D'Angelo, Lutz & Zirkel, "Are Published IDEA Hearing Officer Decisions Representative?" 14 Journal of Disab. Policy Studies 241 (Spring 2004)
• GAO Study on SPED Disputes (September 2003)
• NASDSE Forum: Hearings 2001 Update (April 2002)
• NSBA Survey on Delegation (1999)

Court Decisions

Notifications of recent judicial decisions concerning IDEA and a list of recent decisions by circuit.

• Notifications by Circuit (to be provided)
• Decisions by Circuit

Practice & Procedure

Written materials used in prior Academies.

• Unrepresented Parents (Bartos)
• Children with Sensory Impairments (Dussault)
• Discipline Under IDEA ’97 (Dussault)
• FBAs and BIPs (Bateman)
• Prehearing Procedures (Beekman)
• Writing an Authorative Decision (Beekman)

Visit the IDEA ALJ/HO Academy's multimedia library to view related videos