Does the independent judgment standard apply on appeal of an administrative hearing officer's decision pursuant to section 1415(e)(2)?

California, United States of America


The following excerpt is from John K., In re, 170 Cal.App.3d 783, 216 Cal.Rptr. 557 (Cal. App. 1985):

Recently, in Byrnes v. Riles (1984) 157 Cal.App.3d 1170, 204 Cal.Rptr. 100, a state appellate court concluded that an "independent judgment standard of review" is appropriate on appeal of an administrative hearing officer's decision pursuant to section 1415(e)(2), stating: "Legislative history regarding the [Act] specifically explains the reviewing court 'shall make an independent decision based on a preponderance of the evidence and shall grant all appropriate relief.' (1975 U.S. Code Cong. & Admin. News, at p. 1503.) [p] Because the trial court had the power to receive additional evidence, it was necessarily required to apply the independent judgment standard of review." (Id., at pp. 1176-1177, 204 Cal.Rptr. 100.)

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