Impartial Hearing Officer (i.e., ALJ) ( Dixie R. Galvez) 16085E Lancashire Dr. 33470 U.S.A Palm Beach (2020) ( Dixiergalvez@gmail.com)

 

Impartial Hearing Officer ( i.e., ALJ)

At a Minimum a hearing officer:

1.) Must not be an employee of the SEA or the school district that is involved in the education or care of the student. However, a person is not an employee of the agency solely because he/she is paid by the agency to serve as a hearing officer,


2.) Must not have a personal or professional interest that conflicts with the hearing offivers objectivity in the hearing;


3.) Must be knowledgeable and understand  and understand the provisions  of the IDEA, and federal and state regulations pertaining to the IDEA, and legal interpretations of the IDEA by federal and State Courts; and

4.) Must have the knowledge and ability to conduct hearings, and to make and write decisions, consistent with appropriate, standard legal practice.


The Department of Education will keep a list of those persons who serve as ALJ that must include the qualification of each of those persons.

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Subject matter of due process Hearing:

The party ( you or the school district) That requests the due process hearing may not raise issues at the due process hearing that were not addressed in the due process hearing request, unless the other party agrees.

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Timeline for Requesting a hearing:

You or the school district must request an impartial hearing on a due process hearing request within two years of the date you or the school district knew or should have known about the issue addressed in the due process hearing request.

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Exception  To The Timeline:

The above timeline does not apply to you if you could not file a due process hearing request because:

    1.) The school district specifically misrepresented that it had resolved the problem or issue that you are             raising in your due process hearing request; or

2.) The school district withheld information from you that it was required to provide to you under PART B of the IDEA.

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Hearing Rights:

34 CFR Section 300.512

General

Any party to a due process hearing  ( including a hearing relating to disciplinary procedures) Has the right to:

    1.) Be represented by counsel or to be represented by a qualified representative under the qualifications and standards set forth in Rules 28-106.106 and 28-106.107, F.A.C or be accompanied and advised by individual with special knowledge or training with respect to the problems of students with disabiliies, or any combination of the above;

    2.) Present evidence and confront, cross examine, and require the attendance of witnesses;

    3.) Prohibit the introduction of any evidence at the hearing that has not been disclosed to that party at             least five business days before the hearing;

    4.) Obtain a written, or, at your option, electronic, word for word record of the hearing; and

    5.) Obtain written, or at your option, electronic findings of fact and decisions.

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Additional Disclosure Of Information:

At least five business days prior to a due process hearing, You and the school district must disclose to each other all evaluations completed by that date and recommendations based on those evaluations that you or the school district intend to use at the hearing. An ALJ may prevent any party that fails to comply with this requirement from introducing the relevant evaluation or recommendation at the hearing without the consent of the other party.

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Parental Rights At Hearings:

You must be given the right to:

1.) Have your child present;

2.) Open the hearing to the public; and

3.) Have the record of the hearing, the findings of fact, and the decisions provided to you at no cost.

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Hearing Decisions:

34 CFR Section 300.513

Decision of ALJ

An ALJ decision on whether your child received a FAPE must be based on Substantive grounds.


In matters alleging a procedural violation, a hearing officer may find that your child did not receive a FAPE only if the procedural inadequacies:

1.) Interfered with your child right to a FAPE;

2.) Significantly interfered with your opportunity to participate in the decision making process regarding the provision of a FAPE to your child; or

3.) Cause a deprivation of an education benefit,

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Construction Clause:

None of the provisions described above can be interpreted to prevent an ALJ from ordering a school district to comply with the requirements in the procedural safeguards section of the federal regulations Under  PART B of the IDEA (34 CFR section 300.500 through 300.536).

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Separate Requests For A Due Process Hearing:

Nothing in the procedural safeguards section of the federal regulations under PART B of the IDEA ( 34 CFR section 300.500 through 300.536) Can be interpreted  to prevent you from filing a separate due process hearing request on an issue separate from a due process hearing request already filed.

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Findings And Decision To Advisory Panel And General Public;

The SEA or the school district ( whichever was responsible for your hearing), After deleting any personally identifiable information, Must:

1.)Provide the findings and decisions in the due process hearing or appeal to the state special education advisory panel; and

2.) Make those findings and decisions available to the public.






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