Meet the PA Hearing Officers: Ensuring Fairness in Special Education Dispute Resolution

Special Education Hearing Officers play a critical role in ensuring the rights of children with disabilities are protected in the educational setting. In Pennsylvania, the Office for Dispute Resolution (ODR) employs various individuals throughout the state to serve as Hearing Officers.

ODR's Stakeholder Council interviews and makes recommendations for the selection of Hearing Officers. Individuals are chosen based on their academic achievements, background in special education and law, professional experience, and writing abilities.

Here are some of the Hearing Officers who work for ODR:

Attorney Brian Jason Ford

Attorney Brian Jason Ford is a Certified Hearing Official by the National Association of Hearing Officials. He received his B.A. from Franklin & Marshall College and his J.D. from Penn State Law (Dickinson). While at Penn State, he studied ODR's mediation system and completed a state-by-state analysis of special education dispute resolution systems. Attorney Ford also holds a certificate in advocacy and dispute resolution from Penn State and received the CALI award for excellent achievement in the study of mediation. He practiced special education law in Pennsylvania and New Jersey for six years, representing both families and educational agencies. In 2010, he was named a Pennsylvania Super Lawyers Rising Star. Attorney Ford left the private practice of law the same year to become a Hearing Officer.

Attorney James Gerl

Attorney James Gerl is a Certified Hearing Official by the National Association of Hearing Officials. He has an undergraduate degree with departmental distinction in Political Science from the University of Illinois (Urbana), a Master's Degree in Public Policy Analysis (Political Science) from the University of Illinois (Chicago), and a Juris Doctor from the University of San Francisco. He previously served as a Due Process Hearing Officer and Mediator for West Virginia for twenty-nine years. He has also served as an IDEA Hearing Officer and Mediator for the District of Columbia and has been a Special Education Hearing Officer for Utah, South Dakota, a portion of Pennsylvania, Delaware (panel chair), and the U.S. Virgin Islands (conflict case). Attorney Gerl has served as a Special Education State Complaint Investigator for state education agencies in New Mexico and Kentucky. He has attended the Administrative Law: Fair Hearing course at the National Judicial College.

Attorney Charlie Jelley

Attorney Charlie Jelley is a Certified Hearing Official by the National Association of Hearing Officials. He received his undergraduate and master's degree from Slippery Rock State University. Attorney Jelley received his first law degree from Duquesne Law School and received his second law degree, an LL.M. in Health Law, from the University of Loyola School of Law, Institute for Health Law in Chicago, Illinois. From 1980-1991, Attorney Jelley worked for Westmoreland County ARC as a lay advocate, then as the Director of Educational and Legislative Advocacy, and then for a short period of time after graduating from law school as the Executive Director. Attorney Jelley was the co-editor of the Health Law Institute's first health law journal, The Annuals of Health Law. Attorney Jelley's practice focused on children's issues, school law, juvenile justice, children and youth services, health law, disability law, medical assistance issues, community services, estate planning for families of persons with disabilities, civil rights litigation, ERISA litigation, and legislative/policy analyses for persons with disabilities. Attorney Jelley served as the solicitor for the Parent Education Network, a Pennsylvania Parent Training initiative. Attorney Jelley is the past co-chairman of the Pennsylvania Bar Association Exceptional Children's Committee.

Attorney Michael (Jake) McElligott

Attorney Michael (Jake) McElligott is a well-known name in the field of special education dispute resolution in Pennsylvania. With over 27 years of experience in resolving special education disputes, he has been instrumental in helping school districts and parents of special needs children find amicable solutions to their problems.

Attorney McElligott began his career as a member of the Pennsylvania Special Education Appeals Panel, where he helped resolve disputes between schools and families. He went on to become co-chair of the Panel and then transitioned into serving as a hearing officer. He is certified as a hearing official by the National Association of Hearing Officials and is also trained in special education mediation.

Before becoming a hearing officer, Attorney McElligott worked as an administrator at Duquesne University School of Education, where he taught a variety of courses including school law. He holds a bachelor's degree from Penn State University, a law degree from the University of Pittsburgh, and a master's degree in education from Duquesne University. He is also certified by the Pennsylvania Department of Education in secondary English and secondary social studies.

As a respected expert in the field, Attorney McElligott has made numerous presentations on special education law and special education dispute resolution at local, regional, and national conferences. He has also authored several book chapters related to school counseling and school law.

In addition to his work as a hearing officer, Attorney McElligott is actively involved in the community. He serves as a member of the Pittsburgh Police Accountability Board and the Allegheny County Jail Oversight Board, among other organizations. His extensive experience in the field and his commitment to social justice make him an invaluable asset to the Pennsylvania special education community.

Attorney Cathy A. Skidmore

Attorney Cathy A. Skidmore has a wealth of experience in the field of special education dispute resolution in Pennsylvania, having been active in both formal and alternative dispute resolution processes since 1994. She earned her undergraduate degree in Special and Elementary Education from Slippery Rock University, her Juris Doctor from Duquesne University, and her Master of Education in a program of general special education from the University of Pittsburgh.

Previously serving for fourteen years as an appellate due process hearing officer in Pennsylvania, including seven years as a panel chairperson, Attorney Skidmore has also been trained in basic and special education mediation and has been involved in collaborative dispute resolution as a special education mediator and facilitator in Pennsylvania. She has experience in private law practice and has also formerly served as an adjunct professor of special education, as well as a judicial law clerk.

As an active member of numerous special education and legal professional organizations, Attorney Skidmore has been a frequent speaker and lecturer on various aspects of special education and disability law, and has co-authored several articles related to due process. She is also a certified hearing official by the National Association of Hearing Officials.

The Special Education Hearing Officers employed by the ODR in Pennsylvania are a highly qualified and experienced group of professionals. Their academic achievements, backgrounds in special education and law, professional experience, and writing abilities make them well-suited for handling complex special education disputes. The stakeholders can be assured that they are in good hands when these attorneys serve as hearing officers.

Attorney Joy Waters Fleming (Hearing Officer Under Contract with ODR)

Attorney Joy Waters Fleming has returned to ODR, bringing with her a wealth of experience as a hearing officer. In her previous tenure at ODR, she presided over hearings related to a broad range of topics, including IDEA, 504, and gifted education. Attorney Fleming currently operates her own law firm, specializing in social security disability, juvenile, and family law. She also serves as a Guardian Ad Litem for dependent children in Dauphin County. Prior to this, she worked as Counsel for the PA Department of Education and advised the Bureau of Special Education, Charter Appeal Board, and the State Library. Additionally, Attorney Fleming has served as a Juvenile Hearing Officer and arbitrator in Dauphin County. She began her legal career as a clerk for the Hon. David W. Craig in Commonwealth Court of Pennsylvania, after which she served as Chief Counsel to the Health & Welfare Committee in the PA House of Representatives. She is an active member of both the Dauphin County and PA Bar Association.

Cheryl Cutrona (Hearing Officer Under Contract with ODR)

Cheryl Cutrona is a highly experienced conflict resolution professional with over 30 years of experience in mediating special education matters and facilitating IEP meetings for the Office for Dispute Resolution. She is the principal of Cutrona Resolutionary Services, a consulting firm that specializes in offering dispute resolution third-party intervention, conflict coaching, restorative practices, consulting, and training services. As an adjunct professor at Temple University Klein School of Media and Communication, she imparts her knowledge to students who aspire to become proficient mediators.

Cutrona has earned a reputation as a highly skilled and sought-after mediator and arbitrator in the Philadelphia area, serving on the mediator rosters of the Philadelphia Bar Association Lawyer Fee Disputes Committee, the U.S. Postal Service REDRESS, and the EEOC Philadelphia Region, and as an arbitrator for the Better Business Bureau and DeMars Associates. She has also actively participated in various professional organizations, serving on the Board of Directors of the Association for Conflict Resolution Greater Philadelphia Chapter, the Philadelphia Bar Association Lawyer Fee Disputes Committee (currently co-chair), and the Pennsylvania Bar Association ADR Committee (currently co-chair), as well as the Editorial Board of Conflict Resolution Quarterly.

Her contributions to the field of mediation have not gone unnoticed. Cutrona has received numerous awards, including the 2008 "Sir Francis Bacon Dispute Resolution Award" from Pennsylvania Bar Association Alternative Dispute Resolution Committee, the 2010 "Most Valuable Peacemaker" award from the Pennsylvania Council of Mediators, and a 2019 "Shepherd of Peace" award from the Good Shepherd Mediation Program in Philadelphia. Cutrona has a Bachelor of Arts degree from Michigan State University, a Master's in Library Science from Wayne State University, and a Juris Doctor degree from Temple University Beasley School of Law.

Learn More

https://odr-pa.org/due-process/hearing-officer-bios/

This article is intended for informational and biographical purposes only. It is not authorized by any person named or referenced in the article and should not be construed as official or legal advice.