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Legal Resources | Title 5 |    3096.2  

Duties of Contractors or Agencies Related to Conducting Mediation or Due Process Hearings. Supervisor of Hearing Officers.   

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(a) The contractor or agency shall appoint a supervisor of hearing officers.

(b) Qualifications of the supervisor:

(1) At least eight years of experience in the practice of law in civil or criminal trial courts, appellate courts, or quasi-judicial administrative proceedings; and

(2) Significant experience in special education matters.

(c) Duties of the supervisor:

(1) Determine when a hearing officer meets the minimum qualifications established in section 3097;

(2) Include the names and qualifications of hearing officers who have met the requirements described in sections 3097 and 3098.2 on the public list of qualified hearing officers as maintained by the contractor or agency pursuant to 34 C.F.R. Section 300.511(c)(3) and Education Code section 56505(m);

(3) Review and approve the initial training and continuing education programs described in section 3098.2;

(4) Supervise the work of all hearing officers;

(5) Evaluate each hearing officer not less than once every twelve months; and

(6) Review the decisions of hearing officers to ensure that the decisions are clear, concise, logical, well-reasoned, supported by appropriate legal authority, and address all issues required to be decided.

(A) The contractor or agency shall provide a description of the quality control mechanism used by the supervisor to the contract monitor at a time determined in the contract or agreement.

(B) The control mechanism shall ensure that the hearings are fair and decisions are accurate.

(C) The review of a hearing officer's decision shall not involve altering the findings of fact, conclusions of law or hearing outcomes.

Authority cited:

Education Code 56504.5

Reference:

Education Code 56504.5

Education Code 56505

20 U.S.C. 1412

34 C.F.R. 300.511

(Amended by Register 2012, No. 39.)