U.S. 4th Circuit Court of Appeals 

Posted: 1:00 am Thu, February 10, 2005
By admin

<button><b><font face="arial">Administrative Law</font></b></button><b><i>Individuals with Disabilities Education Act</i></b><b>BOTTOM LINE:</b> Where parents had burden of proof, Hearing Officer was required to show why he accepted testimony of parents’ expert who did not observe autistic child in school setting over County experts whose opinions are entitled to deference.<b>CASE:</b> JH, a minor, by and through his parents and next friends v. Henrico County School Board, No. 04-1454 (decided January 20, 2005) (Judges Widener, Gregory & HAMILTON). RecordFax No. 5-0120-60, 20 pages.<b>COUNSEL:</b> William Henry Hurd, Troutman Sanders, L.L.P., Richmond, Va., for Appellants. Joseph Thomas Tokarz, II, County Attorney’s Office, Richmond, Va., for Appellee.<b>FACTS:</b> JH suffers from a high functioning form of autism and is disabled under the Individuals with Disabilities Education Act (IDEA), 20 U.S.C. §§1400 et seq. JH attended kindergar