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UNITED STATES DISTRICT COURT DISTRICT OF MAINE

MS. K, as Mother and Next Friend of S.B., a minor, Plaintiff v. CITY OF SOUTH PORTLAND, et al., Defendants

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Docket No. 04-275-P-S

MEMORANDUM DECISION ON PLAINTIFF'S MOTION TO PERMIT PRESENTATION OF ADDITIONAL EVIDENCE

The plaintiff seeks leave to supplement the administrative record with respect to her claim under the Individuals with Disabilities Education Act ("IDEA"), specifically affidavits of herself and two others, along with attached documents, and her deposition testimony and that of four others. Plaintiff's Motion to Permit Presentation of Additional Evidence, etc. ("Motion") (Docket No. 55) at 1-3. She contends that the administrative record is "woefully incomplete, because a full hearing never took place" and that she is accordingly entitled to introduce evidence concerning S.B.'s special education needs and the defendant school system's response to those needs. Id. at 4. The South Portland School Department is the only one of the named defendants concerned with this motion. Applicable Legal Standards The IDEA directs that a court reviewing state educational proceedings "receive the records of the administrative proceedings" and "hear additional evidence at the request of a party[.]" 20 U.S.C.

Download DMC_11302005_2-04cv275_Ms_K_v_South_Portland.pdf

Maine Law