The Vermont Agency of Education seeks proposals from Vermont-licensed attorneys to serve in the role of a single Contract Hearing Officer to conduct due process hearings under the Federal special education legislation, the Individuals with Disabilities Education Improvement Act (IDEIA) and Section 504 of the Rehabilitation Act of 1973. The Vermont Agency of Education is required by both state and federal law to provide impartial due process hearings regarding the identification, evaluation, placement of students with disabilities in the special education programs or the provision of a free appropriate public education according to 16 V.S.A. §2947 and 20 U.S.C. §1415(f), 34 C.F.R. Section 300.508 and 42 U.S.C. §794, 34 C.F.R. §104.36.The special education regulations can be found on the Agency’s website at:
The proposal must be received no later than May 16, 2014. Please send your proposal to:
Helen Lamberton, Legal Office Administrator
Legal Office, Vermont Agency of Education
219 North Main Street, Suite 402
Barre, Vermont 05641
To be considered, attorneys must meet the qualifications under State Board of Education Special Education Rule 2365.1.7. The rule states that hearing officers shall be licensed attorneys who have the knowledge of, and ability to understand, the provisions of the IDEIA, federal and state regulations pertaining to the Act, and legal interpretations of the Act by federal and state courts; have the knowledge and ability to conduct hearings in accordance with appropriate, standard legal practice; and have the knowledge and ability to render and write decisions in accordance with appropriate, standard legal practice. The Agency reserves the right to accept or reject any or all bids. The staff of the Agency will evaluate the proposals. If a bid is selected, the individual will be offered a contract conforming to many of the standard Vermont State Contract Provisions.
Scope of Services Requested
The bidder will conduct impartial due process hearings pursuant to the Vermont Administrative Procedures Act relating to students with disabilities as specified in federal and state regulations. The bidder will be responsible for furnishing the state, within 5 calendar days of the hearing decision, a complete and electronic verbatim record of the hearing. Should the bidder fail to provide for the recording of the hearing, the bidder will be responsible for ordering a written transcript of the portions of hearing not recorded and the costs associated therewith.
The bidder will arrange for the attendance of a licensed court reporter at the hearing to record verbatim testimony. The bidder will be responsible for instructing the court reporter to safeguard the stenotype record for one year from the date of the hearing or until the state authorizes a typed transcript to be provided to the parties.
The bidder will complete all hearings, including the written decision, within 45 calendar days after the receipt of the request. The bidder will have the authority to extend the time period based on a request for extension. An extension of time will be granted only for a specified reason and for a specified time taking into consideration the pertinent regulations. The bidder will forward to both parties and the state documentation granting the extension of time including the reasons for such extension and the specific time period.
The bidder will attend an initial training session and all other training sessions as scheduled by the Agency of Education up to a maximum of 4 ½ days. A member of the Agency’s legal staff may waive attendance for good cause if a request for waiver is made within a reasonable time before the training session and an adequate substitution date can be arranged.
Once a bid is accepted, the bidder will abstain from advising or representing any supervisory union, union district, supervisory district, school district, public, independent or recognized independent school or employees thereof, student, or his/her parent within the State of Vermont, in any matter under the Individuals with Disabilities Education Act, Section 504 of the Rehabilitation Act of 1973 or Vermont state laws and regulations regarding the provision of education to students with disabilities. This prohibition extends to schools and school districts in neighboring states that regularly participate in Vermont special education programs, and it extends to any matter involving a student from a neighboring state who is being educated in a special education program within Vermont.
The following figures for the most annual cycle on which full information is available is offered to assist you in your efforts in making a bid.
Number of Due Process Hearing Requests: 17
Number of cases that resulted in written decisions: 2
Average number of days in hearing per case: _1-2_days
Please bear in mind that the above figures fluctuate from year to year based on the number of total requests and the number of cases that go to actual hearing and whether they are resolved through other dispute resolution processes. However, all cases require attention regardless of whether they are in hearing.
Duration
The contract will be for a one year period, commencing on July 1, 2014 and ending
June 30, 2015.
Compensation
Please submit a proposed hourly rate. Compensation during the 365 day course of the contract shall not in any instance exceed $25,000, to include fees and costs (e.g., mileage at the GSA rate, any necessary lodging, etc.). If fees and costs exceed $25,000 prior to the expiration of the term of the contract, with outstanding services still to be performed, payment will be considered for any bills in excess of $25,000, if exceptional circumstances apply, and AOE has available funds to make any excess payment(s). AOE retains the right to determine whether exceptional circumstances apply, in its sole discretion. The selected bidder shall remain responsible in all circumstances for completing any further work within the scope of the contract during the duration of the contract, and for completing and issuing a written decision on any matters that have gone to hearing prior to June 30, 2015.
Reimbursement for services shall be requested at the conclusion of each matter over which the contractor is assigned to preside as hearing officer.
Restrictions Against Disclosure
The successful bidder agrees to keep the information related to the Agency and all other parties confidential and will not divulge such information in whole or in part, in any manner of form.
Proposal Format
The bidder must include in the proposal the following information:
- A brief description of the bidder’s background, experience and qualifications, including, without limitation, litigation/trial experience and any previous experience(s) acting in a similar or like capacity to the underlying services required by this contract. If associated with a law firm or other organization include its structure and size and indicate how this work will fit into the work of the firm or organization. Also include whether the firm or organization represents any school district or supervisory union regarding educational issues.
- A list of any previous contracts for services performed within the past two years with a short narrative describing the nature of the services performed. Please list a contact for reference purposes.
- A statement and discussion of the bidder’s analysis of the RFP requirements. Please be sure to carefully review the special education rules prior to developing this statement. This should include:
- A proposed scope of work with an explanation of technical approaches with a detailed outline for executing the objectives of the RFP and why the intended approach is better than any other approach.
- Statements and discussion of anticipated difficulties and problem areas, together with potential or recommended approaches for their solution.
- The nature and extent of knowledge of special education laws.
- A statement of the cost of services to be provided by the bidder.
- A description or rationale for the proposal, including:
- A statement of the extent to which the proposed approach can
meet or exceed requirements and specifications of the scope of work.
5.Please list any potential conflict of interest that would be perceived by school districts or parents to be an issue.
Evaluation Criteria
The Vermont Agency of Education will review the proposals submitted and evaluate each based on the following criteria:
CriteriaMaximum possible points
A.Qualifications of Bidder & Experience – 25
completed work of similar type
B.Organization Size and Structure (if necessary) 5
C.Understanding of work to be performed20
D.Ability to meet deadlines20
E.Realistic time estimates for each activity10
F.Cost (Price = cost per contract period)20
MAXIMUM POINTS 100
Bidders shall make themselves available for an interview if requested.
Questions concerning this Request for Proposal should be addressed to:
Helen Lamberton, Legal Unit Administrator
Legal Office, Vermont Agency of Education
219 North Main Street, Suite 402
Barre, Vermont 05641
Email:
The Vermont Agency of Education is an equal opportunity employer and does not discriminate on the basis of race, creed, color, national origin, gender, age, handicapping condition and/or disability or sexual orientation.