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Use of Retrospective Testimony in Special Education Hearings

New York Law Journal

October 11, 2012

Marion M. Walsh, an attorney with Littman Krooks and a certified Impartial Hearing Officer for children with disabilities, analyzes a recent Second Circuit decision that set an important precedent in tuition reimbursement cases, under the Individuals with Disabilities Education Improvement Act, ruling that, in evaluating an Individualized Education Program for a student with a disability, courts and administrative officers must examine an IEP prospectively as of the time of its creation.

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