Due Process

Looking for feedback regarding whether or not anyone has seen a situation where not only a parent brings a hearing complaint against a school district but also against the SEA as a party.  We had such an appeal where the SEA was made a party in the early 80s and again in 1992 (yes, I’ve been here that long!)  We now have a current case.  The appeal, in part, is against a state law which the parent advocacy group wants to overturn and is attempting to do it through a hearing.  I sense this will be dismissed but am curious if anyone else has seen such an appeal and if OSEP has ever weighed in ab

In those states that use contracted hearing officers for their due process hearings, what is the per-hour rate paid to the contracted hearing officers?  Do you also reimburse travel and other expenses (e.g., mailing)?

What structure is used to compensate impartial hearing officers in your state?

How have other states limited the days times for hearing?  Do your rules allow for some type of discovery?

For the states paying an hourly rate, how long do your hearings usually take and how many cases per year are you hearing?

For those who pay hearing officers hourly, do you cap the number of hours per case?

Does the SEA pay the hearing officers directly or do the LEAs pay them?  Would anyone be willing to share the hearing officer contract that you are using?

For those who use indpendent contractors as hearing officers and they are required to be attorneys, what are your hearing officers being paid?

We are entering the world of public charter schools with the local boards of education being the only allowable authorizers. We would appreciate input from states with experience in this area about SEA and LEA responsibilities for providing special education oversight of: -implementation/documentation of IEP services; -dispute resolution processes; and -compliance/monitoring.

How are other states are handling certified mail requirements (if they have such)?