IMPARTIAL DUE PROCESS HEARING

IMPARTIAL DUE PROCESS HEARING

A parent who disagrees with the identification, evaluation, placement, or the provision of a free appropriate public education of a student with a disability under Section 504 has the right to request an impartial due process hearing. Request for a Section 504 due process hearing must be made in writing to the District's Section 504 Coordinator. Upon receipt of such a request, the necessary arrangements will be made by the District, including the selection of a hearing officer. A person who is an employee of the District, or any person having a personal or professional interest which would conflict with his/her objectivity in the hearing, may not be appointed as a hearing officer.

Any party to a hearing has the right to:

      1.      Be accompanied and advised by counsel or an individual with special knowledge or training about the problems of children with disabilities;

      2.      Present evidence and cross-examine witnesses;

      3.      Obtain a written or electronic verbatim record of the hearing or obtain alternate forms of the verbatim record to be provided in the parent's native language;

      4.      Obtain written or electronic findings of fact and decisions; and

        5.        Seek judicial review of a hearing officer decision

 

The District will adhere to the following timeframes if a due process hearing is requested:

  1. A hearing will be scheduled not more than 30 calendar days following receipt of the parent's written request.
  2. The hearing officer will, not later than 30 calendar days after the hearing, draft a written decision (with specific findings of fact) and send a copy of the decision to each party and/or their attorneys/representatives.
  3. In the absence of an appeal, the District will implement the decision of the hearing officer within 15 calendar days of the District's receipt of the decision.
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