In proposed reg, 81-210, VDOE proposes to take over the appointment of Hearing Officers for the Impartial Due Process Hearings.

VDOE has a poor history of enforcing pro child decisions rendered by Hearing Officers.

Since VDOE has been in the past, and can expect in the future, to be a defendant in a special ed due process hearing, it strains belief that VDOE can wear two hats, i.e, be the defendant on trial, and also appoint the Hearing Officer.

Can we really expect justice and a fair trial with their proposal?

Admittedly there are problems with some Hearing Officers. Resolution of those issues and removal and training of Hearing Officers should be taken up with and vested with the Virginia Supreme Court, who has maintained and managed the system since the beginning.

Responsibility for appointment and management of the HO's should remain with the VA Supreme Court.