Qualifications

The following are qualifications required by the Texas Education Agency for special education hearing officers:

1. Licensed to practice law in the State of Texas.

2. Good standing with the State Bar of Texas.

3. Engaged in the active practice of law for at least five years, with two years of practice in the areas of special education, disability law, administrative law, or civil rights. Preference will be given to individuals who have acted as administrative law judges or who have been actively involved in contested administrative cases.

4. Have not represented or been associated with a firm or organization that has represented parents, students, or school districts in matters involving students with disabilities for the past 12 months.

5. Possess good legal research skills and familiarity with special education law and administrative law.

6. Demonstrate clarity of expression in writing by submitting a legal writing sample of not more that 10 pages.

Job Requirements

The following are job requirements of a special education hearing officer:

1. Act as an impartial hearing officer, as assigned, by traveling to school districts in Texas (where a hearing has been requested) by performing the duties listed in 19 TAC §§89.1151 - 89.1190.

2. Possess the necessary support and equipment to perform the duties listed in item 1. Hearing officers must have (1) a telephone, (2) a telefax machine, (3) an IBM compatible computer, (4) ability to answer telephone calls during normal business hours either through secretarial support, answering service, or voice mail, and (5) access to law library.

3. Comply with the standards of neutrality, confidentiality, and conduct required by IDEA, the Family Education Rights and Privacy Act (FERPA), State Bar Rules of Texas, and the Code of Judicial Conduct.

4. Maintain individual case files along with detailed records of activity on each case, such as travel, telephone calls, research, drafting of orders, decisions, and correspondence.

5. Comply with federal and Texas Education Agency timelines and transmit decisions to parties and the Agency with 3 days of rendering decision. Return individual case files to the Agency within 30 days of rendering a final decision.

6. Provide the Agency the necessary records and receipts to process reimbursement and compensation requests. 7. Attend one-day training sessions at the Texas Education Agency every quarter. Any hearing officer selected who has never served as a special education hearing officer must (1) attend orientation training at the Agency for 1 through 3 days depending on prior experience and (2) observe at least two hearings prior to being assigned cases.

8. Maintain the ability to (1) respond to requests for hearings and prehearing motions within 24 hours and (2) issue a final decision within the 45 day federal requirement. Outside practice is not barred so long as the practice is compatible with the duties of a hearing officer.

9. Transmit docket sheets and other information to the database at the Texas Education Agency. (The Agency provides each hearing officer with an IBM compatible modem.)

10. Comply with the decision format requirement set by the Agency.

11. Provide monthly written reports of activity and billing for each case file containing the information required by the Agency. (Each report is due at the Agency on the tenth day of the following month.)

Texas Education Agency (TEA)

Division of Special Education

Last Updated - December 23, 1997

Send comments or suggestions to sped@tea.tetn.net

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