Okla. Admin. Code § 210:15-13-5

Current through Vol. 42, No. 4, November 1, 2024

Section 210:15-13-5 - Due Process Hearing Officer

(a) All Hearing and Appeal Officers assigned by the Oklahoma State Department of Education (OSDE) are expected to have the ability and experience necessary to weigh evidence and testimony presented and to make decisions in keeping with the evidence and testimony.

(b) All Hearing and Appeal Officers are expected to remain impartial in discharging their responsibilities at all times. If this is not possible, all Hearing and Appeal Officers have the responsibility to inform the OSDE immediately.

(c) All Hearing and Appeal Officers are expected to conduct hearings in a professional manner in accordance with established procedure, write decisions in a clear and concise manner based on law, and possess sufficient time to devote to these activities.

(d) No individual who is an official or employee of an LEA will be assigned as a Hearing or Appeal Officer. No attorney who currently represents parents or school districts, will be assigned as a Hearing Officer.

(e) All Hearing and Appeal Officers will possess at least a law degree or a minimum of a Master's degree in education, special education, psychology, or any related field. All Appeal Officers will have met the minimum training standards required of Hearing Officers and will have served in the capacity for at least two years in Oklahoma.

(f) OSDE will maintain an approved list of individuals who may serve as Hearing and Appeal Officers. The list will include a statement of the qualifications of each of those persons.

All qualified and impartial Hearing and Appeal Officers will be assigned to a specific case on a rotational basis.

(g) The OSDE will pay for the cost of training for Hearing/Appeal Officers.

(h) The OSDE will pay for the cost of appointing the impartial Hearing/Appeal Officer with no cost to the LEA or parent.

(i) Compensation for Hearing and Appeal Officers will be set by the OSDE.

Okla. Admin. Code § 210:15-13-5

Added at 25 Ok Reg 10, eff 8-3-07 (emergency); Added at 25 Ok Reg 856, eff 5-12-08