Hearing Officer

Hearing officer is the generic term given to individuals who preside over administrative hearings. A hearing officer may also be called an “administrative law judge” in some jurisdictions. In short, a hearing officer is expected to be an impartial third party to a dispute, someone who considers both sides and then renders a decision. Typically, a hearing officer has the authority to administer oaths, take testimony, consider evidence, and make findings of fact and law. While somewhat similar to a judge in that a decision is rendered, a hearing officer considers complaints made relative to some source of administrative law-that is, statutes, regulations, or policy.

In school law, such hearings may consider disputes related to a number of legal issues including, but not limited to, special education law, discrimination law, employment law, student records, and student discipline. The source of law guiding such a dispute may have its home in federal law, state law, or local policy. In addition to specifying that a hearing be available, the particular source of law may also dictate the minimum qualifications a hearing officer must hold.

At the federal level, a number of statutes require school boards to establish complaint procedures whereby aggrieved parties may challenge the actions of school authorities. Those procedures frequently require hearings as part of the dispute process. In such instances, a hearing officer is called on to adjudicate disputes. For example, a parent or adult student who wishes to challenge information in a student file may request a hearing if school officials refuse to remove it from the record. Pursuant to the Family Educational Rights and Privacy Act (FERPA), the hearing must be conducted by someone with no “direct interest in the outcome of the hearing.” Both parties are then bound by the hearing officer's decision. Complainants must also be afforded the opportunity for a hearing before an impartial third party under Section 504 of the Rehabilitation Act, Title VI of the Civil Rights Act, Title VII of the Civil Rights Act, Title IX of Education Amendments of 1972, the Americans with Disabilities Act, and the Individuals with Disabilities Education Act.

Of all these federal provisions, none is more explicit about the role and requirements of the hearing officer than the Individuals with Disabilities Education Act (IDEA). IDEA requires that a hearing officer be someone who understands the IDEA, its regulations, and any complementary state laws; has the knowledge and ability to conduct a hearing according to standard legal practice; and has the ability to write a decision that comports with the law and standard practice. In addition, a hearing officer should not have any personal or professional conflicts of interest related to the dispute and may not be employed by either the state educational agency or the local school district. While the IDEA does not specify that a hearing officer must be an attorney, some states add this requirement. Other IDEA provisions specify how hearings are to be conducted, what the decision must address, and the timeline by which disputes should be settled.

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