Goldstein, Ackerhalt & Pletcher
70 Niagara Street, Suite 200 Buffalo , New York, 14202
Phone: 716-362-1533
Fax: 716-362-1534

The GAP Attorneys Blog

Meeting the needs of people with disabilities, their families, educators & service providers

Factual findings not entitled to deference where hearing officer ignored critical testimony of student’s fear of specific school

Nalu Y. v. Department of Education, State of Hawaii, 58 IDELR 154 (D. Haw. 2012): The Court remanded the case to the hearing officer to consider whether the school district denied FAPE to the student, classified as speech impaired and other health impaired, by failing to investigate the parent’s concerns regarding the student’s fear of attending the recommended school.  The hearing officer dismissed the parent’s argument that the student’s fear of the public school made the placement inappropriate.  Although the Court noted that a court should typically defer to an administrative agency’s factual findings, the hearing officer’s decision in this case was neither thorough, nor careful since he ignored critical testimony regarding the student’s fear.  After affirming the hearing officer’s decision in all other respects, the Court remanded the matter to the hearing officer for consideration of this issue and whether the parent’s were entitled to private school tuition reimbursement.

Tags: , , , , , ,

This entry was posted on Monday, July 9th, 2012 at 8:00 pm and is filed under Uncategorized. You can follow any responses to this entry through the RSS 2.0 feed. Both comments and pings are currently closed.

Comments are closed.

  • « Older Entries
  • Newer Entries »

Entries (RSS) | Comments (RSS).