In subsection 4 of 81-210(B) VDOE seeks to subvert the judicial process.

VDOE wants the power to review and analyze decisions of the Hearing Officers and require that the decisions be reissued "relative to correct use of citations, readability, and other errors such as incorrect names or conflicting data, but not errors of law which are reserved for appellate review."

All litigation has conflicting data, such as conflicts in testimony, exhibits, and evidence. It is the Hearing Officer's responsibility to resolve those conflicts. Considering that the Virginia Department of Education has been a defendent in such proceedings, it is no wonder that VDOE wants the power to review and revise decisions.

Our state and federal constitutions created a balance of power between the judiciary, legislature, and government. Virginia Department of Education's proposed management of the due process system seeks to change that balance and, if implemented, is at high risk for being ruled unconstitutional.

Subsection (B)(4) of 81-210 should be deleted.

Pete Wright
www.wrightslaw.com