Pre-Hearing Conference
Preparation for the pre-hearing conference is very important,
as the statements and findings presented will be used to set the
stage for the hearing. Maine State Education Regulations (MSER)
and dispute resolution forms do not specify exactly what you must
bring to the pre-hearing. Typically, in the pre-hearing conference,
you will need the following:
- A "Clarification of Issue(s)" statement
in writing, that includes:
- Description of the issue(s);
- A list of facts that will be presented;
- Conclusions you hope the hearing officer will
draw based on the facts;
- Your recommendations as to what actions would
correct this crisis;
- A list of all possible witnesses you may call on
your behal;
- Documentation that supports your issue(s); and
- A numbered and titled list of the documents each
party plans to submit as evidence.
During the pre-hearing conference the hearing officer will ask
each side for a brief oral description of the issue(s). The witness
lists for both sides will be reviewed. The hearing officer has
the authority to limit the number of witnesses to be called for
either side. All supporting documentation to be used during the
hearing needs to be submitted at this time. You will need to have
three complete copies of everything; one for the hearing officer,
one for the school and for yourself.
This procedure is used to clarify the issue(s) of the hearing,
consider any stipulations the hearing officer may impose, and
to discuss what to expect at the hearing itself.
| "The hearing officer
shall convene a pre-hearing conference to consider the
simplification or clarification of issues, the limitation
of the number of witnesses, the possibility of agreement
disposing of all or any of the issues in dispute, and
such other matters as may aid in the disposition of
the adjudicatory proceeding." (MSER, Chapter 101,
Section 13.9, p. 85) |
|
