L et al v. JACKSON COUNTY SCHOOL BOARD et al

Filing 45

ORDER denying 36 MOTION Exclude Additional Evidence. Signed by JUDGE RICHARD SMOAK on 3/17/2014. (jem)

IN THE UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF FLORIDA
PANAMA CITY DIVISION

A.L., by P.L.B. and P.L.B for herself,
Plaintiffs,
v.

CASE NO. 5:13-cv-85-RS-EMT

JACKSON COUNTY SCHOOL BOARD,
Defendant.
_________________________________________/
ORDER
The relief requested in Defendant’s Motion to Exclude Additional Evidence
(Doc. 36) is DENIED. When a plaintiff brings a civil suit alleging an IDEA
violation, the court “shall hear additional evidence at the request of a party.” 20
U.S.C. § 1415(i)(2)(A). The Eleventh Circuit has concluded that “[w]hile the
IDEA instructs that a district court shall hear additional evidence at the request of a
party, the determination of what is ‘additional’ evidence must be left to the
discretion of the trial court which must be careful not to allow such evidence to
change the character of the hearing from one of review to a trial de novo.” A.K. v.
Gwinnett Cnty. Sch. Dist., 2014 WL 563281, at *3 (11th Cir. Feb. 14,
2014)(internal citations omitted)(quoting Walker Cnty. Sch. Dist. v. Bennett ex. rel.
Bennett, 203 F.3d 1293, 1298 (11th Cir. 2000)). Defendant is asking this Court to

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exclude additional evidence before Plaintiffs even requested to admit any. The
Court will consider admitting additional evidence on a case-by-case basis as it is
requested pursuant to 20 U.S.C § 1415(i)(2)(A).

ORDERED on March 17, 2014.

/s/ Richard Smoak
RICHARD SMOAK
UNITED STATES DISTRICT JUDGE

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