Answer
A
due process hearing is a formal way to resolve disagreements about IEPT
decisions.
If you disagree with the decision of the IEPT regarding identification, evaluation, placement or the appropriateness of programs or services, you have a right to a special education due process hearing to settle the dispute. If you request a hearing, your request must be in writing and include your child's name, address and name of school attended. Additionally, you must state the nature of the problem, include related facts, and provide your proposed resolution to your issues. If you exercise your right to a due process hearing, you also have the right to:
- Have the hearing at a time and place reasonably convenient for you.
- Be told of any free or low cost legal and other relevant services available.
- Immediate access to your child's records so you may prepare for the hearing.
- Have a hearing officer who is agreeable to both you and the school district.
- Have a hearing officer who is not employed by the district involved and who has no personal or professional interest in the hearing.
- Be supplied with a current Department of Education listing of hearing officers, including their qualifications.
- Be accompanied, represented and advised at the hearing by legal counsel or a parent advocate. You may also invite other individuals with special knowledge or training in problems of the handicapped.
- Have your child present if you desire.
- Have an open hearing (however, hearings are usually closed to the public).
- Present your own witnesses and evidence, and be allowed to question the school district's witnesses and evidence.
- Have a verbatim written or electronic transcript of the hearing upon request and within the time period required for the written decision of the hearing officer. This transcript will be provided in your native language, if necessary.
- Obtain a written decision within 45 days after the district receives the initial request for the hearing.
- Within 15 days, expect implementation of the hearing officer's decision, unless the decision is appealed.
- Appeal to the state educational agency for a state review of the local hearing decision and receive the state's decision within 30 days of its receipt of the appeal.
- Receive a copy of the school district's letter of appeal, if the school district appeals the decision. You must provide the school district with a copy of your letter if you appeal.
- Appeal a decision from the state educational agency, in court, at your expense.
- Have a court determine if you are entitled to reimbursement of reasonable attorney fees for any portion of a due process hearing you have won.
- Have your child remain in his or her present educational placement while the hearing or state appeal is proceeding, unless you and the district agree otherwise.
If you change your mind about having a hearing after you request it, you have the right to terminate the hearing before the appointment of a hearing officer. After the hearing officer has been appointed, however, you may request to terminate the hearing, but the hearing officer must approve the termination.
Back to Questions
|
Question