A Bad Example! #hearing officer
Part of what I do involves being a special education mediator, hearing officer and complaint investigator. Another part of what I do involves teaching/training others who do these jobs. When I am training- it sometimes helps to discuss best practices. Another way to learn these jobs is to look at cases that were not handled well, the bad examples. Here is a bad example: an IDEA case goes to a due process hearing. The hearing officer limits each party to three witnesses. Let's stop there, this limit has an arbitrary ring to it, something that reviewing courts do not like. I understand time limits to ensure that a hearing is not unreasonably long, but three witnesses seems like a tough limit. But that was not the issue here... The school district presented its evidence first. After the district's case, the parents move for judgment. This is the functional equivalent of of a motion for directed verdict in a civil trial. I really do not like these motions in an administrative heari...