The NEBRASKA DEPARTMENT OF EDUCATION (NDE) is seeking attorneys admitted to practice in Nebraska who have at least three years of trial experience in addition to administrative hearing experience to serve as impartial hearing officers. Each hearing officer will independently conduct any necessary review or hearing in accordance with applicable state and federal law, and will prepare a written report, including any appropriate final decision, order, or recommendation, for each assigned case. Each hearing officer will be required to contract as an independent contractor with NDE to hear or review cases as assigned, with the exception of vocational rehabilitation and NDE-NAPE bargaining agreement hearing officers, as they will not be required to contract until selected from the pool to conduct a review or hearing. A hearing officer is typically assigned 1-2 cases and may hold 1-2 hearings or reviews per year, except a special education hearing officer is typically assigned 3-5 cases and hold 2-3 hearings per year. A qualified attorney may apply to be a hearing officer for one or more of the following:
SPECIAL EDUCATION due process cases involving disputes between parents and school districts over special education services to children with verified disabilities in accordance with the federal Individuals With Disabilities Education Act, the Nebraska Special Education Act, and Title 92, Nebraska Administrative Code, Chapters 51 and 55;
VOCATIONAL REHABILITATION formal reviews of vocational rehabilitation determinations filed by applicants for or recipients of vocational rehabilitation services in accordance with the federal Vocational Rehabilitation Act and Title 92, Nebraska Administrative Code, Chapter 71. Applicants selected will be part of a pool of hearing officers willing to serve as identified by NDE and the Nebraska Rehabilitation Council;
NUTRITION SERVICES hearings and record reviews in accordance with the timeline indicated in the appropriate Review Standards for Child and Adult Food Programs, federal law, and federal regulations;
NDE-NAPE BARGAINING AGREEMENT grievance hearings when an employee does not reach a satisfactory resolution to a grievance, filed under Article 17 of the NDE-NAPE Bargaining Agreement. An assigned hearing officer must be mutually agreed to by the parties from the pool of available hearing officers and designated by the State Board of Education; or
TEACHER CERTIFICATION appeals regarding a denial of a certificate, permit, or endorsement filed after a review of such denial by the Commissioner of Education in accordance with Title 92, Nebraska Administrative Code, Chapters 21 and 61.
Please submit resume and other pertinent information (including hourly rate) to Tammy Barry, NDE Legal Counsel, at: tammy.barry@nebraska.gov
