Friday, February 8, 2008
My New Favorite Decision
Here's a good one. Hearing officers beware.
In DB by CB v. Houston Independent School Dist 48 IDELR 246 (D. Texas 9/28/7), the parents argued on appeal that they were deprived of a fair and impartial hearing because the hearing officer slept through the hearing. The District Court rejected the argument, noting that the hearing transcript showed that the HO asked questions of witnesses and resolved evidentiary objections, therefore appearing to be awake. Also the Court noted that the pro se parents had failed to preserve their argument for appeal because they failed to object to the alleged napping on the record during the hearing.
Stock up on Mountain Dew or No Dose hearing officers!