Special Education Due Process Hearing Officer

JOB ASSIGNMENT: Office for Dispute Resolution (ODR)

ORGANIZATIONAL RELATIONSHIP:  As required by the Individuals with Disabilities Education Improvement Act of 2004 (IDEA), the Pennsylvania Department of Education (PDE) holds special education due process hearings through its funded project, the Office for Dispute Resolution (ODR), the fiscal administration of which PDE contracts with the Central Susquehanna Intermediate Unit (CSIU) to provide payment of salary and benefits to Special Education Due Process Hearing Officers.  Those Hearing Officers report to the Office for Dispute Resolution Director or in their absence, to the Chief Programs Officer.  But in all matters affecting due process hearing outcomes are not controlled nor influenced by the Director, ODR, CSIU nor PDE.

JOB DEFINITION:  This individual is responsible for presiding over special education due process hearings, reaching conclusions based on applying facts in evidence to the relevant law, and writing decisions.

ESSENTIAL DUTIES AND RESPONSIBILITIES: 

1. Preside over all assigned special education due process hearings. The majority of cases are from the eastern part of the state.
2. Research all issues involved in assigned special education due process hearings.
3. Write due process decisions in accordance with all applicable state and federal rules, regulations and laws in applicable timelines.
4. Attend all special education due process hearing officer trainings.
5. Maintain/preside over the caseload of due process hearings established for all hearing officers by ODR from time to time.
6. Travel statewide, conducting both day and evening hearings as necessary.
7. Schedule routine maintenance and repairs for assigned company car.
8. Adhere to all requirements identified in the Pennsylvania Standards of Conduct for ODR Special Education Hearing Officers.

NON-ESSENTIAL DUTIES AND RESPONSIBILITES: Performs other related duties as assigned by immediate supervisor or designee.

EDUCATIONAL EXPERIENCE AND SKILLS REQUIRED: 

• Hearing officers must maintain current attorney licensure with the Supreme Court of Pennsylvania.
• Hearing officers must have a degree from an accredited college or university; Advanced degrees are preferred.
• A minimum of five (5) years’ experience as a hearing officer is required. Will consider equivalent experience if applicable to the Hearing Officer position.
• Hearing officers must have their primary residence in the state of Pennsylvania.
• Knowledge of special education and special education law is required.
• The candidate must possess knowledge of, and the ability to understand, the provisions of IDEA, federal and state regulations pertaining to IDEA, and legal interpretations of IDEA by state and federal courts.
• The candidate must also have knowledge of and the ability to understand Section 504/Chapter 15; Chapter 16; Chapter 711; Part C of IDEA; the laws and regulations pertaining to them, and legal interpretations of these laws and regulations.
• The candidate must possess the knowledge and ability to conduct hearings, as well as to render and write decisions based upon the record developed during those hearings, all in accordance with appropriate, standard legal practice.
• The candidate must have the necessary computer knowledge to communicate with litigants and ODR via email, to conduct relevant research, as well as to prepare decisions in electronic form.
• The candidate must have excellent communication skills including the ability to interact with a variety of different individuals as well as excellent management skills to maintain and control numerous cases at one time. Hearing officers operate out of home offices with administrative support from ODR. Reliable transportation is required in order to fulfill job duties, with travel within all geographic boundaries of the Commonwealth of Pennsylvania.
• This is a full-time position, and supplemental employment in the areas of education, special education or related fields is not permitted, including but not limited to any type of employment or independent contract with a public, parochial or private school, an intermediate unit (other than IU 16, for hearing officer related fiscal purposes only), advocacy organization, or law firm which represents parties in special education matters is prohibited.
• Adept at using virtual meeting platforms such as Zoom and Microsoft Teams. 
• Ability to interpret, analyze and problem solve as well as work with a broad range of people from diverse backgrounds are required.
• Excellent organizational and time management skills to prioritize the task based on project deadlines. And must be able to type accurately and maintain a high level of productivity.
• Requires the ability to develop and maintain positive and collaborative relationships using tact and diplomacy and to remain calm in unpredictable situations.

ADDITIONAL ELIGIBILITY QUALIFICATIONS: 

• Current, approved Act 34 (PA State Police), Act 151 (PA Child Abuse Registry) and Act 114-FBI Fingerprint clearances are required and must be renewed at appropriate, specific intervals pursuant to Act 153 of 2014 (revised Act 15 of 2015).
• Current, approved Act 126 Mandated Reporter Training certificate showing completion of a minimum of three (3) hours training every five (5) years.

PROFESSIONAL DEVELOPMENT REQUIREMENTS:

• Maintain up-to-date skills in computer programs, personal skills and office systems pertinent to the job assignment.
• Remain current with CSIU policy, federal and state regulations and standards (IDEA, Chapter 14, etc.).
• Attend pertinent seminars and trainings as related to job responsibilities.

PHYSICAL REQUIREMENTS: 

• Sedentary:  Able to sit for extended periods of time to review data on computer monitor, occasional walking, standing (as necessary) and able to lift and carry up to 25 pounds.
• Dexterity: Finger movements (computer keyboard, calculator), eye-hand coordination (office equipment, etc.).
• Audio-Visual Requirements:  Within normal range with or without correction.
• Is able to move throughout all buildings, floors and grounds.
• Worksite Environment: Primarily indoors-office setting with occasional exposure to outdoor elements/climate during the day.
• Mental demands:  Steady response to unpredictable situations, ability to remain calm and productive during stressful situations. Demonstrates independent judgment, discretion and is able to manage multiple projects and deadlines.
• Ability to travel to various work site locations and meetings as needed.

TIME AND SITE REQUIREMENTS: 

• This is a full-time, exempt, 12-month, 260-day position.
• This is a remote, home-based position, where the employee’s home serves as the primary telework location. In this role, mandatory in-person attendance will be required at the CSIU Main Office or other designated CSIU locations for specific events, including training sessions, staff orientations, and any other meetings deemed necessary by the immediate supervisor or their designee. Eligible travel expenses associated with these in-person requirements will be reimbursed in accordance with IRS federal regulations for remote, home-based positions.
• Occasional travel including evening or overnight.
• Attendance at work is a requirement of this position; any and all absences must be approved by the immediate supervisor.

CSIU PROPERTY AND CONFIDENTIALITY REQUIREMENTS: 

1. All property, including intellectual property, materials, equipment, or actual products and services developed or accrued as part of the job duties and responsibilities listed above, is the property of the CSIU. It may not be used for personal profit or gain and will be relinquished to the CSIU upon termination of employment from the CSIU.
2. The person employed in this position shall maintain confidentiality with regard to the personal and private information about clients and coworkers, programs and services and other proprietary information accrued as a result of CSIU employment or as required by state and federal laws and regulations.
3. The person employed in this position must adhere to all requirements identified in the code of professionalism entitled “Ambassadors Are Professionals, Too” and CSIU Administrative Regulation 317-AR-1 CSIU Service Standards.

The position holder must be able to perform the essential job functions with or without reasonable accommodations.  It is the responsibility of the employee to inform their supervisor and the Director of Human Resources of any and all reasonable accommodations that will be required.

Salary : $95,000 - $105,000