Case Details

Year Initiated/Committed

1996

Year Resolved

1996

Settlement Amount

$1,500 civil penalty

Court

Circuit Court for Baltimore County

Docket Number

3-C-96-1205

Lead State

MD

Participating States

MD

Defendant(s)

Impartial Hearing Officers of Maryland and individual members.

Case Description

Special education appeal hearings are mandated by federal law if school districts wish to be eligible for federal funding. Local school systems choose from a limited pool of eligible impartial hearing officers who are state-approved. Each hearing officer is an independent contractor who negotiates a fee with the local school system based on the complexity and length of the hearing and the experience of the hearing officer. The association and its members created a fee schedule and sent it to the school districts. A second letter stated that unless the district adopted the schedule, the hearing officers would not be available to conduct appeal hearings. Injunctive relief includes requiring association to send minutes of meetings to Antitrust Division, requiring members/defendants to take antitrust training course.