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13 Conn. Pub. Int. L.J. 1 (2013-2014)

handle is hein.journals/cpilj13 and id is 1 raw text is: CONNECTICUT PUBLIC INTEREST LAW JOURNAL VOLUME 13 FALL-WINTER 2013 NUMBER 1 Who Has the Burden of Persuasion in Impartial Hearings Under the Individuals with Disabilities Education Act? PERRY A. ZIRKELT In mid-May 2012, the parents of an Illinois tenth-grader with autism unilaterally placed the child in a residential facility in Utah after 1) their repeated expressions of dissatisfaction with the mainstream services that their Illinois school district had provided, and 2) the child's emergency hospitalization for attempted suicide.' They filed for an impartial hearing under the Individuals with Disabilities Education Act (IDEA)2 and the corollary state law in Illinois,3 seeking reimbursement for the costs of the Perry A. Zirkel is university professor of education and law at Lehigh University, where he formerly was dean of the College of Education and more recently held the Iacocca Chair in Education for its five-year term. He has a Ph.D. in Educational Administration and a J.D. from the University of Connecticut, and a Master of Laws degree from Yale University. He has written more than 1,350 publications on various aspects of school law, with an emphasis on legal issues in special education. He writes a regular column for PRINCIPAL magazine and did so previously for PHI DELTA KAPPAN and TEACHING EXCEPTIONAL CHILDREN. Past president of the Education Law Association and co-chair of the Pennsylvania special education appeals panel from 1990 to 2007, he is the author of the CEC monograph THE LEGAL MEANING OF SPECIFIC LEARNING DISABILITY; the more recent books, A DIGEST OF SUPREME COURT DECISIONS AFFECTING EDUCATION and STUDENT TEACHING AND THE LAW; and the two-volume reference SECTION 504, THE ADA AND THE SCHOOLS, now in its third edition. In 2012, he received Research into Practice Award from the American Educational Research Association (AERA) and the Excellence in Research Award from AERA's Division A (Administration, Organization & Leadership). In 2013, he received the University Council for Educational Administration's Edwin Bridges award for significant contributions to the preparation and development of school leaders. St. Charles Sch. Dist., Case No. 2013-0107 (Mar. 30, 2013), http://perma.cc/B596-LQDV. 20 U.S.C. §§ 1400 et seq. (2012). 105 ILL. COIP. STAT. 5/14-1.01 et seq. (2012).

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