Special Education Regulations Revision Process

Office of Dispute Resolution and Administrative Services

Virginia Department of Education

P.O. Box 2120

Richmond, Virginia 23218-2120

To Whom It May Concern:

I am writing to submit my comments regarding your office’s proposed revisions to the Regulations Governing Special Education Programs for Children with Disabilities in Virginia.

In particular, I recommend the retention of the current definition of “Impartial Hearing Officer” in the Virginia regulations, at 8 VAC 20-80-10 (Definitions).  The Virginia Department of Education has deleted this definition and has added a new definition for “Special Education Hearing Officer”in the proposed regulations at 8 VAC 20-81-10.  The definition of “Impartial Hearing Officer” should remain as it appears in the current Virginia regulations and the new definition of “Special Education Hearing Officer” should be deleted. 

In my view, the VDOE’s proposal to shift control of selected hearing officers from the Virginia Supreme Court to the VDOE is inappropriate and, at a minimum, presents a clear conflict of interest.  Total control of the hearing officer process by the VDOE allows for the possibility of “tainted” hearing officers rather than truly impartial hearing officers under the ultimate control of the Virginia Supreme Court.  Because there may be times that the VDOE is a party in a due-process dispute or state complaint, it is essential that the hearing officers be completely independent and free of any potential or perceived conflicts of interest, which surely would arise should the proposed revisions be implemented.

Sincerely,

Jackie Simchick