Instead of having witnesses come to the due process hearing, can I submit letters, records, or other documents to prove my case?
SEHO follows a regulation that provides that a hearing officer may not base his decision on hearsay alone, but must have some other evidence to support the decision. [5 C.C.R. Sec. 3082(b).] Most documents are considered hearsay because they cannot be cross-examined by the other parties like live witnesses can. The right to cross-examine is an essential part of due process. Therefore, it is crucial to bring witnesses to the hearing who can testify about what they observed and/or what their opinions are concerning the issues in the hearing. Documents further support and establish the testimony of the witness. You should gather and submit any and all documents that are supportive of your position in the case. However, you should always make sure that some competent witness is available and willing to testify at the hearing on each major point you must establish in order to obtain what you believe your child needs for an appropriate education. If the mediation has failed to resolve all th
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?
- May I submit faxed or e-mailed transcripts or Letters of Recommendation? Are other faxed or e-mailed supplementary documents accepted?
- Instead of having witnesses come to the due process hearing, can I submit letters, records, or other documents to prove my case?
