Under the Individuals with Disabilities Education Act (IDEA or the Act), children with disabilities are entitled to a free, appropriate public education (FAPE). The Act provides a procedural safeguard for children and their parents seeking to challenge a state or local educational agency's educational plan for the child in the form of a due process hearing presided over by a hearing officer or an administrative law judge (ALJ). This article describes the current case law concerning the authority of ALJs to sanction parties and attorneys for misconduct during these special education proceedings. Due to the limited number of cases available on the topic and the lack of analysis in literature, this article seeks to offer perspective on the types of cases in which sanctions were used and against whom the officers issued them, in attempt to provide practitioners and pro se petitioners guidance on how to prevent the issuance of a sanction against them.
Salma A. Khaleq,
The Sanctioning Authority of Hearing Officers in Special Education Cases,
32 J. Nat’l Ass’n Admin. L. Judiciary
Available at: http://digitalcommons.pepperdine.edu/naalj/vol32/iss1/1