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The open hearing for Elsy Fierro, the Albuquerque Public Schools administrator involved in the controversial grade change for a Rio Grande High student, has been scheduled for Jan. 9.

Fierro has been accused by the Public Education Department of "exerting undue influence" and providing "incomplete and inaccurate" information to her superiors to get an F changed to a D for the son of former Albuquerque Board of Education member Miguel Acosta and Bernalillo County Commissioner Teresa Cordova. The grade change allowed their son to graduate in May with his senior class.

Acosta has threatened a lawsuit in the event his son's confidential school records are made public at Fierro's hearing.

Last month, hearing officer G.T.S. Khalsa said he could conduct the Fierro case behind closed doors and not violate federal law, but would not hear the case in an open hearing.

Khalsa suggested that if a judge ordered an open hearing, the state would have to drop its case against Fierro because it would not be able to present evidence against her without violating federal law.

Earlier this month, District Judge Nan Nash ordered an open hearing. The interested parties earlier this week agreed to the Jan. 9 hearing date.

The state has not dropped its case and has subpoenaed the school district for the student's records, said Gail Stewart, Fierro's attorney.

If Fierro is found in violation of the ethics code, her administrative license could be suspended or revoked.