WHEREAS, At the due process hearing, a neutral hearing
officer will hear testimony and examine evidence from both the
parents and the school district; and
WHEREAS, At the conclusion of the due process hearing, the
hearing officer will issue a written decision, which is a
legally enforceable document specifying the legal obligations of
all parties; and
WHEREAS, If the parents or school district disagree with the
decision of the hearing officer, the decision may be appealed in
either Federal or State court; therefore be it
RESOLVED, That the House of Representatives direct the Joint
State Government Commission to study the effectiveness of the
Department of Education's Office for Dispute Resolution; and be
it further
RESOLVED, That the study include all of the following:
(1) The number of hearing officer decisions that were
appealed to either a Federal or State court.
(2) The final verdict of any hearing officer decision
appealed to a Federal or State court.
(3) The process by which other states provide due
process for students with disabilities as required by the
Federal Individuals with Disabilities Education Act.
(4) The litigation costs to school districts, including
attorney fees and compensatory education, of all due process
hearings.
(5) The litigation costs to school districts, including
attorney fees and compensatory education, of all hearing
officer decisions appealed to either a Federal or State
court;
and be it further
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