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 written 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 Virginia regulations that require special education hearing officers to be appointed by the Supreme Court of Virginia. Because the actions of the Virginia Department of Education may at times be an issue in due-process proceedings, it is important 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.

Moreover, I recommend that the Virginia regulations be revised so as to require all hearings officer to file a Statement of Economic Interests substantially similar in form to that required by the Virginia State and Local Government Conflicts of Interest Act. This would allow parents to challenge the assignment of a hearing officer’s on the basis of a potential conflict of interest, which is virtually impossible  under the current system.

Sincerely,

Bill Hogan