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ERIC Number: ED306757
Record Type: Non-Journal
Publication Date: 1988
Pages: 58
Abstractor: N/A
Reference Count: N/A
A Handbook for Hearing Officers. Revised.
McCarthy, Greg
The handbook provides information on legislation and litigation pertaining to the education of handicapped pupils in South Carolina, required procedures for ensuring due process, and suggestions for procedures to be followed by Hearing Officers prior to, during, and after a hearing. The opening section on state laws includes definitions of handicapping conditions and the amendment to Act 163 of the Education Finance Act of 1977. Summarized are requirements of the following Federal laws and regulations: Public Law 93-380 (the Education Amendments of 1974), Public Law 94-142 (Education for All Handicapped Children Act), Education Division General Administrative Regulations, Section 504 of the Rehabilitation Act, and the Vocational Education Act. Significant court decisions are noted. The section on procedural safeguards includes information on substantive and procedural due process, and details on state procedural safeguards including evaluation, placement, reevaluation, timeliness for LEA (local education agency) procedures, administrative appeal procedures, provisions in regard to surrogate parents and Hearing Officers, and parents' rights. General roles and responsibilities of the Hearing Officer are detailed in a separate section, and this is followed by an explanation of procedures for requesting a hearing, oral notification, written notification, compelling witnesses, opening the hearing, evidence and testimony, issuing a decision, and format for the decision. State Education Association (SEA) appeal procedures are also detailed and cover initiating an appeal, SEA responsibilities, responsibilities of the SEA Hearing Officer, and procedures prior to, during, and subsequent to a hearing. Charts of the procedure sequence, forms, sample letters, and sample subpoenas are appended. (DB)
Publication Type: Guides - Non-Classroom; Legal/Legislative/Regulatory Materials
Education Level: N/A
Audience: N/A
Language: English
Sponsor: N/A
Authoring Institution: South Carolina State Dept. of Education, Columbia. Office of Programs for the Handicapped.
Identifiers - Location: South Carolina