Oregon Department of Education
Chapter 581
Division 15
SPECIAL EDUCATION
581-015-2365
Criteria for Administrative Law Judge
(1) An administrative law judge appointed to conduct a hearing regarding the identification, evaluation, educational placement of a child, or the provision of a free appropriate public education to a child who may have a disability must:
(a) Not be employed by the Department or a school district; and
(b) Not have a professional or personal interest that would conflict with the person’s objectivity in the hearing.
(2) An administrative law judge must:
(a) Possess knowledge of, and the ability to understand, the provisions of state and federal special education laws, regulations, and legal interpretations by federal and state courts;
(b) Possess the knowledge and ability to conduct hearings in accordance with appropriate, standard legal practice; and
(c) Possess the knowledge and ability to render and write decisions in accordance with standard legal practice.
(3) For purposes of section (1)(a) of this rule, a person who otherwise qualifies to conduct a hearing is not an employee of the Department or school district solely because the person is paid by the Department or school district to serve as a hearings officer.
(4) The Department keeps a list of the persons serving as administrative law judges, which includes a statement of the qualifications of each person.
Statutory/Other Authority: ORS 343.041, 343.045, 343.055, 343.155 & 343.165
Statutes/Other Implemented: ORS 343.165 & 34 CFR 300.511(c)
History:
Renumbered from 581-015-0096, ODE 10-2007, f. & cert. ef. 4-25-07
ODE 33-1999, f. 12-13-99, cert. ef. 12-14-99
EB 11-1995, f. & cert. ef. 5-25-95
EB 3-1990, f. & cert. ef. 1-26-90
EB 28-1989(Temp), f. & cert. ef. 10-16-89
1EB 269, f. & ef. 12-22-77