Does the hearing officer at a due process hearing simply listen to witnesses and review the documents submitted, or can the hearing officer participate in the hearing process?
Hearing officers have a variety of powers in the conduct of a due process hearing, allowing them to participate in the process and to further develop the evidence on which they will base their decision. Hearing officers may do any of the following: (1) Question a witness before any party does; (2) With the consent of all parties, have conflicting expert witnesses discuss issues with each other on the record; (3) Visit a proposed placement site; (4) Call a new witness, not identified by any party, to testify if all parties consent or if there is a five-day postponement; (5) Order an independent assessment and postpone the hearing until it is completed (with the costs of the assessment to be borne by the hearing officer); (6) Call as a witness an independent medical specialist to testify about a student’s medical disability (with the cost to be borne by the hearing officer); (7) Bar the introduction of any documents or the testimony of any witnesses not disclosed to the other parties or
Related Questions
- Does the hearing officer at a due process hearing simply listen to witnesses and review the documents submitted, or can the hearing officer participate in the hearing process?
- What if I just submitted a request for continuation to the IRB or a new study protocol and it is in currently in the review process?
- Instead of having witnesses come to the due process hearing, can I submit letters, records, or other documents to prove my case?
