NAHO Conference

Santa Fe, New MexicoImage by gholmes via Flickr
The conference of the National Association of Hearing officials was the final stop on the Jim Gerl 2011 tour.  The conference was held in mid November at the historic La Fonda hotel in beautiful Santa Fe, New Mexico.   

The meeting was a great opportunity to see old friends and to meet other hearing officers.  The educational sessions were top notch and the participation by the New Mexico justice system was very helpful.

NAHO is an organization of administrative hearing officers.  It includes representatives from welfare agencies, DMVs, unemployment agencies, workers comp agencies, special education agencies, retirement boards, condo associations, environmental protection agencies, the Nuclear Regulatory Commission, the Parole Commission,  and everything in between.  It is a good mix of people who do all sorts of hearings. The conference is a great opportunity to talk to others who do administrative hearings and to learn from what they do.  

I have served on the faculty of the NAHO annual conference for the last seven years.  This year I presented three sessions.  The first was my favorite How to Conduct an Administrative Hearing.  The second was Dealing With Difficult Lawyers and Parties.  The last on was a Nuts & Bolts Approach to Due Process.  My sessions were well attended and those who attended actively participated.  They went well.

A subsequent post will cover some of the other sessions.
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Happy Thanksgiving

The Turkey Is DoneImage via Wikipedia
To all who read the special education law blog, please have a great Thanksgiving.


It's one of my favorite holidays. First, I was born on a Thanksgiving day so the day has extra special meaning. The way my mother used to tell the story began with "it was a cold winter's night..." It gets worse from there, believe me!

Second, this holiday is about giving thanks and maybe thinking of those who are less fortunate. It's hard to argue with those noble goals. I am truly blessed and have a whole lot to be thankful for.  I know that times are tough for many, but I am an optimist and I firmly believe that things will get better for our economy soon.

So count your blessings, have some Turkey and enjoy the holiday.
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Is Online Education For Real? New GAO Study!

David M. Walker (U.S. Comptroller General)Image via Wikipedia
I have always wondered if online education is for real.  Although I am a digital immigrant, I have been a fan of the new technologies.  This blog has dragged me kicking and screaming into the twenty first century.

But my doubts about virtual education continue.  How do I know that people actually attend online classes.  How do I know that a particular student is taking an online quiz himself?  The lawyer in me is trained to be skeptical...

Well I guess the answer is that it depends upon which online school is doing the educating!  A new study has been released by the federal Government Accountability Office.  With all of the gusto of a "sting" operation, the GAO sent students undercover to attend 15 online colleges.  Of the 15, 8 passed with flying colors.  The other 7 colleges showed mixed results.

Here is an excerpt from the summary of the report regarding academic performance:
GAO's students engaged in substandard academic performance by using one or more of the following tactics: failure to attend class, failure to submit assignments, submission of objectively incorrect assignments, submission of unresponsive assignments, and plagiarism. At 6 colleges, instructors acted in a manner consistent with school policies in this area, and in some cases attempted to contact students to provide help outside of class. One or more instructors at 2 colleges repeatedly noted that the students were submitting plagiarized work, but no action was taken to remove the student. One or more instructors at the 4 remaining colleges did not adhere to grading standards. For example, one student submitted photos of celebrities and political figures in lieu of essay question responses but still earned a passing grade.

You can read the GAO report summary here

You can read the entire GAO study here.

As always, choose your school wisely!


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Correction Re CADRE Conference Report- Hearing Officers and Special Education

This calling card was the identifying graphic ...Image via Wikipedia







I need to make a correction.

The post I issued a while back about the great sessions at the recent CADRE Conference in Eugene Oregon included a report on the fantastic update on special education law by my new friend Barbara Bateman.  I got most of it right, but one quote added a word.  Barb had said that special education hearing officers know very little about special education and don't seem interested in learning.  I unfortunately added the word "law" after special education.  Barb concedes that they know the law; they just don't really know special education.

The corrected quote makes a lot more sense than my incorrect version.  As Barb had explained, the reason under general principles of administrative law, courts defer to hearing officers because administrative agencies have substantive expertise in the subject area involved.  She suggests that the expertise is not apparent in special ed hearings.

Fortunately Barb reads this blog and she helped me to get this one right.  Thanks Barb.  What a great session at an excellent conference.  Also thanks to the many readers who are interested in this topic.


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