Section 3098.2 - Training for Hearing Officers(a) Prior to acting as a hearing officer, a hearing officer shall receive 80 hours of training in adjudication of administrative matters, which shall include, but not be limited to, the following subjects:(1) Due process and the role of the hearing officer;(2) Ethical requirements for hearing officers;(3) Creating and maintaining a bias-free proceeding;(5) Motions and other pre-hearing practices and procedures;(8) Making, completing, supplementing, and preserving a record;(9) Opening and closing a hearing;(10) Hearing room control and demeanor;(11) Strategies for protecting the rights of parties not represented by attorneys;(12) Dealing with a party's default;(13) Handling and preserving documents and exhibits;(14) Credibility of witnesses;(15) Qualifying and evaluating expert witnesses;(16) Common evidentiary issues in administrative proceedings;(17) Closing briefs and arguments and submission;(18) Writing decisions; and(19) Resources for hearing officers.(b) As part of the 80 hours of training set forth in the immediately preceding subdivision (a), a hearing officer's initial training shall include at least 20 hours of training in the adjudication of special education disputes, which may include practical, clinical or simulated training and which shall include, but not be limited to, the following subjects:(1) The substantive and procedural laws relating to 20 U.S.C. Chapter 33, commencing with section 1400;(2) The substantive and procedural laws relating to 34 C.F.R. Part 300 commencing with section 300.1;(3) The substantive and procedural laws relating to Education Code, Title 2, Division 4, Part 30, commencing with section 56000;(4) The substantive and procedural laws relating to California Code of Regulations, Title 5, division 1, chapter 3, subchapter 1, commencing with section 3000;(5) Federal and state statutes and regulations related to the laws and regulations identified in subdivision (b)(1)-(4);(6) Court and administrative rulings interpreting or implementing all of the above;(7) Common disabilities and their impact on human functioning;(8) The impact of common disabilities on students' academic, development and functional needs in an educational environment;(9) Disability awareness;(10) Options for the accommodation of disabilities in education and elsewhere;(11) Services and supports available to students with exceptional needs;(12) Adaptation of general education strategies for students with disabilities;(13) Participation of children with exceptional needs in special education disputes;(14) Participation of parents, guardians, and representatives of children with exceptional needs in special education disputes; and(15) Participation of teachers, instructional assistants, educational support personnel, and administrators in special education disputes.(c) In addition to the initial 80 hours of training, a hearing officer shall complete at least 20 hours of continuing education during each fiscal year. This continuing education shall include continuing education in the adjudication of administrative disputes and special education disputes, which may include practical, clinical, or simulated training and which shall include, but not be limited to, the subjects set forth in the immediately preceding subdivisions (a) and (b).Cal. Code Regs. Tit. 5, § 3098.2
1. New section filed 5-7-2009; operative 6-6-2009 (Register 2009, No. 19).
2. Change without regulatory effect amending NOTE filed 9-27-2012 pursuant to section 100, title 1, California Code of Regulations (Register 2012, No. 39). Note: Authority cited: Section 56504.5, Education Code. Reference: Sections 56504.5 and 56505, Education Code; 20 U.S.C. Section 1415; and 34 C.F.R. Section 300.511.
1. New section filed 5-7-2009; operative 6-6-2009 (Register 2009, No. 19).
2. Change without regulatory effect amending Note filed 9-27-2012 pursuant to section 100, title 1, California Code of Regulations (Register 2012, No. 39).