HEARINGS:
1.) Right to
present complaints with respect to any matter relating to the identification,
evaluation, or educational placement of your child, or the provision of a free
appropriate public education to your child. The complaint must include the name
of the child, the address of the residence of the child, the name of the school
the child is attending, a
description of the nature
of the problem of the child relating to such proposed initiation or change,
including facts relating to such problem, and a proposed resolution of the
problem to the extent known and available to you at the time.
la.) Right to present complaints if
you disagree with a determination by the school district that your child’s
behavior was not a manifestation of your child’s disability.
lb.) Right to mediation and/or an
impartial due process hearing whenever you file a complaint as described in 1
of this section and to an expedited due process hearing whenever you file a
complaint as described in Ia
of this section.
2.) Right to
be told of any free or low-cost legal and other relevant services available
(e.g., an expert on disability conditions that may be a witness at the hearing
when parent requests information or parent or agency initiates a hearing).
3.) Right to a hearing conducted
by the state educational agency.
4.) Right to
have the hearing chaired by a hearing officer who is not employed by a public
agency involved in the education of your child or otherwise personally or
professionally interested in the hearing (the hearing officer is not an
employee of the agency solely because he or she is paid by the agency to serve
as a hearing officer).
5.) Right
to a list of the persons who serve as hearing officers, including a statement
of the qualifications of each of those persons.
6.) Right of
parents or parties to be advised and accompanied at the hearing by counsel and
to be accompanied by individuals with special knowledge or training in problems
of the disabled.
7.) Right to have your child
present.
8.) Right to have the hearing open to the public.
9.) Right of
parents or parties to present evidence and confront, cross-examine and compel
the attendance of witnesses.
10.) Right of
parents or parties to prohibit the introduction of any evidence at the hearing
that has not been disclosed at least five days before the hearing.
11.) Right of
parents or parties to have a written or, at the option of the parent,
electronic verbatim record of the hearing.
12.) Right of
parents or parties to obtain written or, at the option of the parents,
electronic findings of fact and decisions within 45 days after the local
education agency received the initial request for the hearing, except that the
hearing officer may grant a specific extension of time at the request of either
party.
13.) Right of parents or parties to a final decision made by the hearing officer, unless a party brings a civil action.
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August 1997