Law Offices of H. Jeffrey Marcus P.C.
Tuesday, August 19, 2008
The pendulum swings back and forth in Court decisions regarding the admissibility of additional evidence in IDEA actions. There appears to be a trend towards admissibility, however. Most recently, the SDNY allowed affidavits from private school personnel in Jennifer D. ex rel. Travis D. v. New York City Dept. of Educ., 550 F.Supp.2d 420, SDNY(2008).