Authority: IC 20-19-2-8; IC 20-19-2-16

Affected: IC 4-21.5-3; IC 20-19-2; IC 20-35

Sec. 8. (a) A person who may be appointed as an independent hearing officer must:

1. (1) have no personal or professional interest that would conflict with the person's objectivity in the hearing;
2. (2) not be an officer, employee, or agent of the public agency, the state educational agency, or any other agency that may be involved in the education or care of the student;

3. (3) possess knowledge of and the ability to understand the provisions of:

   1. (A) the Individuals with Disabilities Education Act, 20 U.S.C. 1400 et seq. (IDEA);
   2. (B) federal regulations implementing the IDEA;
   3. (C) legal interpretations of the IDEA by federal and state courts; and
   4. (D) this article;
4. (4) be trained in the due process hearing procedures to ensure the ability to conduct hearings in accordance with IC 4-21.5-3;
5. (5) possess the knowledge and the ability to render and write decisions in accordance with appropriate, standard legal practice; and
6. (6) be subject to any other qualifications established by the secretary of education.

(b) A person who otherwise qualifies as an independent hearing officer is not considered an employee of the public agency solely because the person is paid by the public agency to serve as an independent hearing officer. The division of special education shall maintain a current list of the persons who serve as independent hearing officers, including information on the qualifications of those persons.

(Indiana State Board of Education; 511 IAC 7-45-8; filed Jul 14, 2008, 1:24 p.m.: 20080813-IR-511080112FRA; readopted filed Nov 6, 2014, 3:23 p.m.: 20141203-IR-511140382RFA; readopted filed Dec 1, 2020, 1:48 p.m.: 20201230-IR-511200548RFA; filed Mar 4, 2024, 10:02 a.m.: 20240403-IR-511230504FRA)