Comments on: What if we don’t work it out? Due Process Hearings Under the IDEA 2004 http://randychapman.wordpress.com/2008/03/07/what-if-we-don%e2%80%99t-work-it-out-due-process-hearings-under-the-idea-2004/ Practical comments and information on special education, early intervention, and disability law Fri, 18 Jul 2008 22:45:12 +0000 http://wordpress.org/?v=MU By: randychapman http://randychapman.wordpress.com/2008/03/07/what-if-we-don%e2%80%99t-work-it-out-due-process-hearings-under-the-idea-2004/#comment-352 randychapman Mon, 28 Apr 2008 14:01:37 +0000 http://randychapman.wordpress.com/?p=27#comment-352 Patricia, Thanks for your comment and you have a valid concern.While the hearing officer (IHO) must have knowledge of the IDEA and know how to conduct a hearing, in the hearing process it is the job of the parties (parents and school district) to educate the IHO about the educational issues and the disability. This is somewhat similar to a medical malpractice case in which the lawyers for each side need to educate the judge about medicine and the nature of the illness or injury. This doesn't mean it is the fault of the parents or their attorney if the IHO doesn't "get" the disability and the educational issues at stake. Sometimes that is a very difficult task and, yes, sometimes the IHO, though impartial on paper, may have a bias toward one side. I am sorry your hearing wasn't successful. Patricia,

Thanks for your comment and you have a valid concern.While the hearing officer (IHO) must have knowledge of the IDEA and know how to conduct a hearing, in the hearing process it is the job of the parties (parents and school district) to educate the IHO about the educational issues and the disability. This is somewhat similar to a medical malpractice case in which the lawyers for each side need to educate the judge about medicine and the nature of the illness or injury. This doesn’t mean it is the fault of the parents or their attorney if the IHO doesn’t “get” the disability and the educational issues at stake. Sometimes that is a very difficult task and, yes, sometimes the IHO, though impartial on paper, may have a bias toward one side. I am sorry your hearing wasn’t successful.

]]> By: Patricia http://randychapman.wordpress.com/2008/03/07/what-if-we-don%e2%80%99t-work-it-out-due-process-hearings-under-the-idea-2004/#comment-351 Patricia Mon, 28 Apr 2008 12:08:38 +0000 http://randychapman.wordpress.com/?p=27#comment-351 Hi, What if the hearing officer does not have an adequate knowledge of the disability? My son has sensory processing disorder and it was clear the HO did not understand it or simply did not give creedence to our testimony or that of any of our witnesses. I would hardly call that impartial either. Patricia Hi,
What if the hearing officer does not have an adequate knowledge of the disability? My son has sensory processing disorder and it was clear the HO did not understand it or simply did not give creedence to our testimony or that of any of our witnesses. I would hardly call that impartial either. Patricia

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