In West Virginia, due process hearing officers are attorneys who handle hearings under the Individuals with Disabilities Education Act (IDEA) and Policy 2419.
These hearing officers receive training each year from the Office of Assessment and Accountability. Their training covers current laws, rules, court decisions, and required procedures.
Hearing Officer Qualifications
All hearing officers must have these qualifications:
Having a law degree
Being a member of the West Virginia State Bar
Understanding the Act, as well as federal and state rules related to it, and how courts have interpreted these laws
Being able to conduct hearings using standard legal practices
Being able to make and write decisions that follow standard legal practices
Showing strong skills in:
Due process
Special education law
Writing and speaking
Decision-making
Showing these skills through an application, interview, and training
Hearing Officer Disqualifications
Hearing officers may not be:
An employee of the state or local education agency (LEA) who is involved in the student’s education or care
Anyone who has a personal or professional interest that could affect their fairness
A school board official
A lawyer who represents school boards or parents in cases against school boards