ERIC Number: ED194964
Record Type: RIE
Publication Date: 1980
Reference Count: N/A
The Administrative Hearing Under PL 94-142.
Fisher, M. Byron
Several factors should be considered by attorneys representing school boards faced with the need for administrative hearings concerning the education of a handicapped child. Attorneys should try first to resolve the problem without resort to the formality of a hearing. If a hearing is necessary, the issues should be determined; a hearing examiner who can understand the district's position should be selected; the examiner should be contacted only by one staff member; and the district staff should make the physical arrangements for the hearing in a district building. The attorney should prepare witnesses, experts, and evidence; consider presenting a pre-hearing brief; and be aware of the nature of the hearing itself. After the hearing the attorney may write the examiner's decision and consider local review. In any case, the winner of a well-directed hearing is the student involved. (Author/PGD)
Descriptors: Board of Education Role, Disabilities, Due Process, Elementary Secondary Education, Federal Legislation, Federal Regulation, Hearings, Lawyers, Legal Problems
Not available separately; see EA 012 963.
Publication Type: Opinion Papers; Guides - Non-Classroom
Education Level: N/A
Authoring Institution: National Organization on Legal Problems of Education, Topeka, KS.
Identifiers: Education for All Handicapped Children Act
Note: Chapter 15 of "School Law in Contemporary Society" (EA 012 963). For related documents, see EA 012 963-980.