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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