Burdens of proof and standards of review can have a significant impact on the outcome of proceedings brought under the Education for All Handicapped Children Act and deserve a more consistently thoughtful approach than has been provided to date. Any confusion that exists may well be the result of courts, including the United States Supreme Court, failing to distinguish the various parts of the administrative process. The simple step of looking realistically at the administrative process (rather than lumping together Local Education Authorities, State Education Authorities, local due process hearings, and state administrative appeals, as the Supreme Court did in Rowley) would be a significant step. A reasoned approach, as outlined in this Article, would be a significant improvement.
Thomas F. Guernsey,
When the Teachers and Parents Can't Agree, Who Really Decides - Burdens of Proof and Standards of Review under the Education for All Handicapped Children Act,
36 Clev. St. L. Rev.
available at http://engagedscholarship.csuohio.edu/clevstlrev/vol36/iss1/11