State wants nonattorneys to judge special-ed cases

New York State officials are moving forward with a plan to allow nonattorneys to act as special-education judges amid a massive backlog of unresolved complaints from students with disabilities, officials said Monday.

The state Board of Regents said the move will allow the state to hire more judges and ease the growing backlog of cases.

“It is paramount to foster a fair and impartial hearing process for specialeducation students across

New York State,” Board of Regents Chancellor Betty

Rosa (inset) said.

“I am confident that the amendments outlined in the regulations will streamline the hearing process and improve access to services for New York’s children.”

The proposal comes amid a growing number of “due process complaints” from students with disabilities who say they’re not being adequately served at school — and a shortage of judges to hear those cases.

The problem is particularly acute in the city, where the vast majority of the state’s due process claims originate.

A recent class action suit alleged that the massive backlog and the long wait times for cases to be resolved violate federal special-education law.

Critics have argued that allowing nonattorneys to hear the often complex cases will lead to mistakes and oversights, and only add to the dysfunction in the long term.

State officials are responsible for hiring the special education judges and set the maximum pay rate, but city officials decide the specifics of the judges’ compensation plans.

Critics have argued that the city should pay judges per hour, rather than per task, to boost wages.

The Board of Regents also proposed allowing judges to hear testimony by video conference and called for expediting the process for making impartial hearing decisions public.

The proposed regulations are open for public comment through May, and will likely be up for vote for final approval at the July Board of Regents meeting.