No coin-flipping or dart-throwing

June 20, 2013

  • 345 Schools
  • 345II Public Schools
  • 345II(L) Pupils
  • 345k155.5 Handicapped Children, Proceedings to Enforce Rights
  • 345k155.5(2) Judicial Review or Intervention
  • 345k155.5(2.1) k. In General.

345 SchoolsWhen reviewing whether a hearing officer’s decision pursuant to the IDEA was regularly made, and thus entitled to deference, a reviewing court is to look at whether the hearing officer conducted a proper hearing, allowing the parents and the school board to present evidence and make arguments, and by all indications resolved the factual questions in the normal way, without flipping a coin, throwing a dart, or otherwise abdicating his responsibility to decide the case; the focus of such an inquiry is the process through which the findings were made.
C.C. v. Fairfax County Bd. Of Educ., 879 F.Supp.2d 512 (E.D.Va. 2012)