Answer : The law requires that the hearing be held and a written decision mailed within 45 days of the receipt of the request for hearing. However, the 45 days can be extended by a continuance or postponement of the hearing.
7. Question: When is it permissible to have a continuance or postponement of the hearing?
Answer : A continuance request is a motion to postpone the hearing. The law provides that either party may request a continuance of the hearing for good cause. If the Office of Administrative Hearings determines there is good cause, the hearing will be continued or postponed and the 45-day time limit will be extended by the number of days of the continuance or postponement.
8. Question: What does it mean to take the hearing off the calendar?
Answer : “Off the calendar” means that no hearing dates are set for the matter. By agreeing to have the hearing taken off calendar, the 45-day requirement for issuing a final hearing decision is extended by the number of days the matter is off calendar plus an additional 20 days to provide time to reschedule the hearing. A hearing may be taken off calendar only by agreement of all of the parties. A hearing that is off calendar will be returned to the calendar at the written request of any party.
9. Question: Who will conduct the hearing?
Answer : The hearing will be conducted by an impartial hearing officer employed by the Office of Administrative Hearings. The hearing officer is knowledgeable in the laws governing special education and administrative hearings.
10. Question: What authority does the hearing officer have?
Answer : The hearing officer has the authority to conduct the hearing, rule on all procedural matters, and render the final decision. By statute, the hearing officer may:
a) Question a witness on the record prior to any of the parties doing so;
b) With the consent of all parties to the hearing, request that conflicting experts discuss an issue or issues with each other while off the record;
c) Visit the proposed placement site when the physical attributes of the site are at issue;
d) Call a witness to testify at the hearing if all parties to the hearing consent to the witness giving testimony or if the hearing is continued for at least five days prior to the witness testifying;
e) Order that an impartial assessment of the student be conducted, the cost of which to be paid by the Hearing Office;
Chapter 4 – Procedural Safeguards, Charter SELPA
Page 109
As of 11/18/2016
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