STATE OF MICHIGAN
BOARD OF EDUCATION OF THE ____________ PUBLIC SCHOOLS

___________________, on behalf of her child
___________________,

Petitioner,

v Elizabeth Berman, Ph.D.
Hearing Officer
BOARD OF EDUCATION OF THE
____________ PUBLIC SCHOOLS,

Respondent.

AGREEMENT TO MODIFY
HEARING PROCEDURE

This Agreement is between the ____________ Public Schools ("District") and ____________ ("parent"), on behalf of her son ____________.

On June 6, 1995, an Individual Educational Planning Committee (IEPC) was held concerning ____________. The parent disagreed with its determination and requested a due process hearing. Dr. Elizabeth Berman was mutually selected to serve as the hearing officer.

Due to the illness of the District's counsel, the hearing dates originally scheduled in this matter had to be canceled. Make-up dates, given the schedules of all parties and the hearing officer, extend into late November 1995. It is the desire of all parties and the hearing officer to expedite the resolution of this matter, particularly for ____________'s benefit. Accordingly, the parties agree to the following:

1. Both parties, being represented by legal counsel, have been fully apprised and know their rights relating to how this due process hearing must be conducted under the Individuals with Disabilities Education Act (IDEA), Michigan's Mandatory Special Education Act, and their respective regulations. However, given their desire to expedite the resolution of this matter, both parties are willing to waive certain of those rights (e.g., confront and cross-examine witnesses, have evidence submitted by the opposing party only in the other party's presence, etc.) so as to allow the gathering of evidence by the hearing officer in accordance with the procedures set forth below.

2. Within three school days after this Agreement is approved by the hearing officer, each party shall provide to the hearing officer a brief written statement of their position, providing a copy to the opposing party.

3. Upon approval of this Agreement by the hearing officer, she may, at her convenience and each party, schedule such meeting(s) with the party, the party's legal counsel, if desired, and such witnesses as the party desires, in order to receive evidence in support of that party's position and to rebut the opposing party's position. Testimony shall be taken under oath, but can be received from witnesses individually or in groups at the discretion of the hearing officer. While each party, or their legal counsel, may propose certain lines of inquiry with each witness, the focus and extent of the inquiry with regard to what is relevant and necessary for her to decide the issue in dispute, shall be within the discretion of the hearing officer. The order in which evidence is taken, whether additional testimony is needed from a party's witnesses by way of response or clarification to that party or the other party's evidence, or whether there is a need for documents or witnesses not called by either party, shall be at the discretion of the hearing officer. The hearing officer may take testimony in person or by a telephone conference call at her discretion. Should any procedural matters arise which the parties have not anticipated, the hearing officer is authorized to resolve them in a manner which is fair to both parties and in keeping with the purpose underlying this Agreement.

4. Each party shall have the right to request the hearing officer to observe ____________ in the school setting and utilizing facilitated communication with such persons as the party desires. The opposing party shall have notice of any observation of ____________ utilizing facilitated communication and may be present, if desired.

5. A court reporter, paid for by the District, shall make a record of all testimony provided to the hearing officer.

6. The parties have already exchanged proposed exhibit and witness lists. But, each may make changes to either of those lists (including proposed exhibits). Any changes shall be exchanged in writing at the time opening statements are exchanged as noted above.

7. At the close of the evidence, each party may verbally or in writing provide to the hearing officer, if desired, a closing statement, the hearing officer establishing when such will be provided.

8. The hearing officer shall render a decision in this matter as soon as reasonably possible after the close of evidence, such decision to be consistent with all the requirements of IDEA. Both parties retain the right to appeal that decision as provided by law.

9. Upon the signing of this Agreement it shall be forwarded to the hearing officer who, upon reviewing its terms, may enter an order approving its terms.

Dated: _____________________

_______________________________

____________, Parent of __________


____________ PUBLIC SCHOOLS


Dated: _____________________

_______________________________
Director of Special Education