Due Process

Our due process procedures include a two-tier system where an aggrieved party may appeal a hearing officer’s decision for a state level review. This must occur before parties can appeal to federal court. Ohio appears to be in the minority of states that s

Our due process procedures include a two-tier system where an aggrieved party may appeal a hearing officer’s decision for a state level review. This must occur before parties can appeal to federal court. Ohio appears to be in the minority of states that still have a two-tier system. Stakeholders report both benefits and drawbacks to our two-tier system. Is anyone aware of how many states have a two-tier system? Or do you have any feedback about benefits and drawbacks to the system either for your state or reported by stakeholders?

Do the LEAs manage and maintain the process at the local level (first tier), or does the SEA recruit, train, and assign hearing officers? Are your hearing officers independent contractors for the LEA or SEA, part of a statewide administrative law bank o

Do the LEAs manage and maintain the process at the local level (first tier), or does the SEA recruit, train, and assign hearing officers? Are your hearing officers independent contractors for the LEA or SEA, part of a statewide administrative law bank of judicial officers, or working under another structure? Are hearing officers paid an hourly rate, on a per-case basis, or other compensation method?  What is the compensation rate? If you use a compensation method other than hourly or per-case, please describe. Are the hearing officers paid by the LEA or SEA?
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