Hearing Officer Profile

Robert J. Hartsoe

VDOE Case No. 26-145

Procedural focus. The Parent's challenge centers on disputed exhibit-access facts, evidentiary requests, dismissal, and recusal rather than merely disagreement with an adverse outcome.

Parent's constitutional and IDEA theory

In VDOE Case No. 26-145, the Parent alleges that Hearing Officer Robert J. Hartsoe converted a disputed exhibit-access controversy into a dispositive procedural sanction without first permitting the requested factual inquiry. APS counsel asserted categorical non-access; the Parent disputed that assertion, sought examination of counsel, offered an access demonstration, sought to testify, and asked for an evidentiary determination. The Parent alleges Hartsoe declined that inquiry, relied in part on counsel's professional status and his own experience accessing the shared drive, and then dismissed the case without prejudice.

Concrete procedural record

Disputed non-access. The Parent's verified petition states that APS counsel asserted inability to access exhibits and that the Parent asked to test what procedures had actually been attempted.

Evidentiary inquiry refused. The filing records Hartsoe stating that he did not need to hear counsel because they were licensed Virginia attorneys; the Parent argues that professional status was substituted for evidence.

Hearing officer's own access experience. The same record states that Hartsoe acknowledged obtaining at least some access to the shared Google Drive while identifying difficulty locating exhibits.

Dismissal and unresolved recusal. The Parent states that he moved for recusal before the record closed; Hartsoe did not rule on that request, dismissed without prejudice, and later stated that his authority had ended upon issuance of the final decision.

Alleged procedural manipulation

The Parent contends the sequence was self-insulating: disputed representations were not tested, dismissal then rested on access and hard-copy issues, recusal remained unresolved, and the hearing officer later relied on dismissal as the reason he could no longer address the challenge.

Project sources

Verified Emergency Petition concerning Robert J. Hartsoe, VDOE 26-145; Emergency Motion to Reconsider and Vacate Dismissal; Decision/Close Report; preservation and forensic-discovery motions.