Notwithstanding the due weight we give to the underlying proceedings under the modified de novo review standard, we will make our own findings under a preponderance of the evidence standard and grant such relief as we determine is appropriate. Put another way, although we must consider the administrative findings of fact, we are free to accept or reject them, but we must explain our rejection. Factual findings from the administrative proceedings are considered prima facie correct, and, if we decline to abide by those findings, we must explain why. Standard of Review The standard of review for state administrative proceedings under the IDEA is modified de novo review. and education, but that based on equitable principles, we preclude the School District fromĬonducting a second manifestation determination or any further disciplinary proceedings. The School District requests that we overturn the decision that the manifestation determination was deficient, reverse the order to conduct a second manifestation determination, and vacate the award of compensatory education. The School District appealed by filing the complaint before us now. for the days in excess of ten days he had been excluded from school. School District to conduct a second manifestation determination, and awarded compensatoryĮducation to Z.B. The School District determined that the incident constituted an assault and scheduled both disciplinary proceedings and the manifestation determination to which the result of the manifestation determination, they filed an expedited due process complaint, triggering an administrative hearing before a neutral party hearing officer. On March 17, 2015, an school in the hallway between classes. We have jurisdiction pursuant to 28 U.S.C.
s this action under Section 615(i)(2) of the Individuals with Disabilities Education Act, 20 U.S.C. Introduction -motions for judgment on the administrative record. : : Z.B., : by and through his parents, K.B. IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA BRISTOL TOWNSHIP : CIVIL ACTION SCHOOL DISTRICT : : v.
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