Monday, November 01, 2004

Supplementing the Record

Magistrate Judge Cohen, in Mr. and Mrs. I v. Maine School Administrative District No. 55, has allowed the parents to supplement the administrative record. The parents wanted to introduce testimony that would provide post-hearing information that would shed light on the reasonableness on the administrative decision not to provide special education services to their son. The Court, in reviewing the precedents, held that "courts have erred on the side of admitting evidence reflecting a child's post-hearing status on the theory that the proffered information might shed light on the reasonableness of (and thus be relevant to) the earlier decision."

The Court also allowed the parents to present testimony relating to the propriety of a neuropsychologist using a technician to administer portions of the testing given to the child. Because briefing was simultaneous, the parents did not have an opportunity to address that issue.

The decision can be found here.


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