Section 792.11801. Hearing functions; administration.

(1) The hearing shall be conducted by an administrative law judge.

(2)      The  hearing  system   shall  provide  periodic  training  to   administrative  law   judges conducting special education hearings, regarding all of the following:

(a)    Administrative law and procedures.

(b)    Special education law, rules, and regulations.

(c)    Needs of students with disabilities.

(d)    Diagnostic testing.

(e)    Educational testing.

(f)    School programming and operations.

(g)    Educational accommodations.

(h)    Presiding officer ethics, skills authority, and duties.

(3)   The hearing system shall do all of the following as a part of its responsibility to provide hearings under R 340.1724f:

(a)    Inform the parties to a special education hearing of the availability of mediation.

(b)     Inform the parent of any free or low-cost legal and other relevant services available in the area.

(c)    Provide the parent with a copy of the procedural safeguards.

(d)     Make available to the public and to the parties in any special education hearing a statement of the participants' roles and responsibilities and a description of the hearing process.

(e)     Make available to the public a statement of the ethical rules governing the conduct of administrative law judges.

(f)     Develop and make available to the parties general statements of matters such as the burden of proof, legal standards or analyses, and the elements of proof necessary to support claims or defenses commonly raised in special education due process hearings.

(g)    Assign administrative law judges to individual cases.

(h)    Arrange for a location, transcription, and any other services required for a hearing.

(i)       Transmit  decisions  to   the  state  board   of  education’s  special   education  advisory committee with personally identifiable information deleted.

History: 2015 AACS.