The 2004 amendments to IDEA changed the law to add additional qualifications for hearing officers. A hearing officer must now have the ability to conduct hearings and write decisions according to standard legal practice as well as be knowledgeable of special education law. IDEA §615(f)(3)(A). This session explores the options that a state dispute resolution system may utilize to ensure compliance with the new requirements. Among the options that will be discussed are the training, certification and evaluation of hearing officers. Although the law does not address the training requirements for mediators, the training provided to mediators by SEAs varies widely. Well trained mediators are better equipped to help parties to special education disputes resolve their disputes without resort to due process hearings and litigation. The session will explore options for training mediators to prepare them for the work of moving toward agreement. Participants will be able to better assess the effectiveness of their state dispute resolution systems after participating in this session and studying the accompanying written materials. They will also be able to consider whether tweaks or modifications to their system are appropriate.
The Center for Appropriate Dispute Resolution in Special Education
Supporting the prevention and resolution of disputes through partnership and collaboration
