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).

What Is HeinOnline?

HeinOnline is a subscription-based resource containing nearly 2,700 academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Short-term subscription options include 24 hours, 48 hours, or 1 week to HeinOnline with pricing starting as low as $29.95

Access to this content requires a subscription. Please visit the following page to request a quote or trial:

Already a HeinOnline Subscriber?