9.3 Individuals with Disabilities Education Act (IDEA) Cases

The following procedures shall govern all actions based upon 20 U.S.C. § 1415(i).

(a) The Administrative Record

The administrative record shall consist of any documents contained in the administrative file, any findings or decisions of the hearing officer, a transcript of those portions of the administrative hearing or hearings that either party or the court reasonably deems to be necessary to the resolution of the case, and any exhibits produced during the administrative hearing or hearings.  The administrative record will be sealed upon filing with the court, unless otherwise ordered.

(b) Filing of the Administrative Record

The plaintiff shall obtain and file a copy of the administrative record within thirty (30) days after the complaint is filed.  If a portion of the administrative hearing required to resolve the case has not been transcribed by the date that the administrative record is filed, the plaintiff shall order a transcript of that portion of the hearing within fourteen (14) days after the administrative record is filed, and file the transcript as soon as it becomes available.  When the plaintiff determines that the administrative record is complete, the plaintiff shall serve on the defendant a proposed certificate of completion listing the documents and portions of the transcript comprising the administrative record.  If the defendant agrees that the administrative record is complete, the defendant shall promptly file the certificate of completion.  Alternatively, if the defendant determines that a transcript of additional portions of the administrative hearing or additional documents comprising the record will be required, the defendant shall notify the Court of its intent to supplement the administrative record within fourteen (14) days of being served with the proposed certificate of completion.  The defendant shall then order the supplemental transcript within fourteen (14) days after the notice of intent to supplement the administrative record is filed.  The defendant shall file the supplemental transcript, any additional documents and a certificate of completion as soon as the supplemental transcript becomes available.

(c) Evidentiary Hearings

Within fourteen (14) days after the answer or the certificate of completion is filed, whichever is later, any party seeking an evidentiary hearing shall file a motion for evidentiary hearing and a supporting memorandum.  The motion and the supporting memorandum shall identify with specificity any evidence that will be produced at the evidentiary hearing and shall explain why such evidence is necessary to the resolution of the case.  Any objection to a motion for evidentiary hearing shall be filed together with a supporting memorandum within fourteen (14) days after the motion is filed.  An evidentiary hearing will not be held unless ordered by the court.

(d) Joint Statement of Material Facts

Within thirty (30) days after the answer or a certificate of completion is filed, whichever is later, the plaintiff shall serve on the defendant a proposed joint statement of material facts.  This statement shall be in narrative form, contain record citations, summarize all procedural developments, and describe all facts pertinent to the resolution of the case.  Within fourteen (14) days after the proposed joint statement of material facts is filed, the defendant shall inform the plaintiff of any proposed additions or deletions to the joint statement.  Within fourteen (14) days of receipt of the defendant’s proposed additions and deletions, the plaintiff shall file a joint statement of material facts containing all agreed-upon facts and record citations.  If any material facts remain in dispute, the parties shall each file a list of disputed facts including record citations within fourteen (14) days after the joint statement of material facts is filed by the plaintiff.

(e) Decision Memoranda

Unless the court orders an evidentiary hearing, the parties shall file Decision Memoranda within thirty (30) days after the joint statement of material facts is filed.  Each party shall then have fourteen (14) days to file a reply to the other party’s Decision Memorandum.  The reply shall not exceed ten (10) pages.

History

(Added 1/1/98; § (a) amended 1/1/00; §§ (b)-(e) amended 1/1/01; cite in introductory sentence amended 1/1/03; § (b) amended 1/1/08; §§ (b) through (e) amended 12/1/09)