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Representation of families in special education hearings and OATH's support
2:23:59
ยท
105 sec
Council Member Restler inquires about the representation of families in special education hearings and OATH's support for unrepresented families. Commissioner Rahman provides data on representation rates and explains OATH's approach to supporting unrepresented parties.
- The percentage of special education cases where parents are represented by counsel or other representatives decreased from 94.36% to 72.28%.
- Approximately a quarter of families do not have representation in special education hearings.
- OATH hearing officers have an ethical duty to ensure all individuals, including unrepresented parties, have a fair opportunity to present their case.
- OATH does not currently track outcomes based on whether parties have representation or not.
Lincoln Restler
2:23:59
Are these families primarily arguing cases without an attorney?
Asim Rahman
2:24:03
I don't have one moment.
2:24:07
I may have.
2:24:08
One second.
2:24:08
Let me check something.
2:24:19
As noted in our PMMR, we do have data on special education cases where parents are represented by counsel or other representative.
2:24:31
It was the four month actual for fiscal year twenty twenty four was 94.36%.
2:24:37
It went down, meaning there's more unrepresented individuals or in parties to 72.28%.
Lincoln Restler
2:24:48
Seventy two % unrepresented or 72%
Asim Rahman
2:24:51
Represented, meaning it used to be 90 So
Lincoln Restler
2:24:53
a quarter of families do not have representation.
Asim Rahman
2:24:55
And that's in all cases, not in particular.
Lincoln Restler
2:24:58
Not special education in particular.
Asim Rahman
2:25:00
I'm sorry, those are in all cases.
Lincoln Restler
2:25:01
Special education.
2:25:02
Special education hearing.
2:25:02
Right.
2:25:03
And so a quarter of cases don't have representation.
2:25:08
Is OAT providing support and assistance for families that are navigating this process?
Asim Rahman
2:25:12
Yes.
2:25:13
Our hearing officers, not only are they trained on this, they have an ethical duty to ensure that individuals in all of our divisions, not just special education hearings division, are given a fair opportunity to present their case
Lincoln Restler
2:25:26
Do track outcomes compared to whether there's representation or not for the I
Asim Rahman
2:25:31
don't know the answer to that question.
Lincoln Restler
2:25:33
Could you track that?
Asim Rahman
2:25:34
That's what I don't know.
2:25:35
I don't know if we have cross data which would allow us to see outcomes versus representation or non representation.
2:25:43
I don't know that sitting here today.
Lincoln Restler
2:25:44
We will follow-up.