Due Process

For those state education agencies who contract with their state’s office of administrative hearings to provide hearing officer services, I’m interested in knowing how you structure your billing/payments.  I’m wondering if any states pay annually, as opposed to monthly and, if so, whether the payment is made at the end of the fiscal year or is based on a forecast (perhaps treated as a subscription service?) and paid at the beginning. 

Our hearing officers have asked if other states have the authority to sanction parties (attorneys) during the hearing.  Currently, our officers can only suspend or dismiss the hearing should a party becomes disruptive, disorderly, abusive, or disrespectful.

How are other states handling excessive hearing lengths?

How are other states handling excessive hearing lengths?

Could you provide your state's DP Guidelines (if you like them)?

Has anyone had any experience responding to a FOIA request for pleadings filed in Due Process matters?  Do you think redacted pleadings must be provided in response to a FOIA request? 

What is the process for redacting and providing final orders your state uses for complying with 34 CFR §300.514(c) to 1.    delete “any personally identifiable information,” and 2.    “make those findings and decisions available to the public”?

When there are requests from both parties to extend hearing timelines to engage in mediation, it is allowable to extend hearing timelines. However, what about after the due process hearing is held….can final decision and order timelines be extended for any reason? Mediation, briefings, etc? We haven’t had this come up before but all of a sudden we are seeing an increase in the number of requests for extensions. And the extended periods are turning into additional extended periods.

Do any of you have anything in your regulations that would allow the 45 day timeline to be extended due to an extraordinary event such as the hospitalization of the hearing officer?  Can the SEA or another hearing officer issue such an order?  In situations like this, does the state simply have to take the hit for being in noncompliance?  Do you have any practical suggestions for such a case?  

We continue to have situations where parties agree to extend the resolution period to engage in mediation and then fail to follow through with the mediation yet advise the hearing officer that they have been unable to schedule the mediation and therefore need to continue to extend the resolution period for months.  1.) Does your state set a timeline within which mediations must be held? 2. ) How do you handle situations where a party or parties fail to respond to the mediator to schedule the mediation?