OAH reports rising special‑education mediations and steady case clearance as lawmakers review $19.6 million allowance

Department of Legislative Services analyst Jacob Polakoff presented the Office of Administrative Hearings fiscal 2025 operating allowance of $19,600,000, a $697,574 (3.7%) increase, and told the subcommittee that OAH continues to be funded mainly through reimbursable funds from other state agencies.

Polakoff highlighted recent growth in special‑education mediations and due‑process hearings: prehearing conferences scheduled rose from 210 to 307 year‑over‑year (a 46% increase), and mediations scheduled were 354 in fiscal 2023. He said OAH disposed of 32,819 cases in fiscal 2023, a return to typical volumes after pandemic disruptions.

"OAH remains vigilant of its statutorily defined role to provide flexible due process to the citizens of Maryland," Chief Administrative Law Judge Choong Park said, introducing OAH management and noting the Office of Legislative Audits report for the audit period produced no findings. Choong Park said his team is available to answer committee questions.

Committee members asked whether the rise in special‑education matters had strained operations. John Radek, OAH director of operations, said the increase is attributable to several causes — including the pivot to virtual learning and more requests for independent educational evaluations (IEEs) — and that some increases are cyclical, concentrating in the May–September period before the school year. Radek recommended additional reporting on postponements and mediation hold rates to clarify whether scheduling disruptions affect benchmark statistics.

DLS recommended concurrence with the governor's allowance and additional committee narrative requiring more detailed annual reporting of program participation and postponement metrics. The subcommittee did not record a vote during the hearing; members requested follow‑up data from OAH and DLS.