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PROCEDURAL SAFEGUARDS NOTICE

2.

Additional disclosure of information

At least 5 business days prior to a due process hearing, you and the LEA must disclose to all other parties all evaluations completed by that date and recommendations based on those evaluations that you or the LEA intend to use at the hearing.

A hearing officer may prevent any party that fails to comply with this requirement from introducing the relevant evaluation or recommendation at the hearing without the consent of the other party.

3.

Parental rights at hearings

You must be given the right to:

a.

Have the child who is the subject of the hearing present;

b.

Open the hearing to the public; and

c.

Have the record of the hearing, the findings of fact and decisions provided to you at no cost.

C.

HEARING DECISIONS (34 CFR §300.513)

1.

Decision of hearing officer

a.

A hearing officer’s decision on whether your child received FAPE must be based on substantive grounds.

b.

In matters alleging a procedural violation, a hearing officer may find that your child did not receive FAPE only if the procedural inadequacies:

1)

Interfered with your child’s right to FAPE;

2)

Significantly interfered with your opportunity to participate in the decision-making process regarding the provision of FAPE to your child; or

3)

Caused a deprivation of an educational benefit.

c.

Construction clause

None of the provisions described above can be interpreted to prevent a hearing officer from ordering a LEA to comply with the requirements in the procedural safeguards section of the Federal regulations under Part B of the IDEA (34 CFR §§300.500 through 300.536). None of the provisions under the headings: Filing a Due Process Complaint; Due Process Complaint; Model Forms; Resolution Process; Impartial Due Process Hearing; Hearing Rights; and Hearing Decisions (34 CFR §§300.507 through 300.513), can affect your right to file an appeal of the due process hearing decisions with a court of competent jurisdiction.

2.

Separate request for a due process hearing

Nothing in the procedural safeguards section of the Federal regulations under Part B of the IDEA (34 CFR §§300.500 through 300.536) can be interpreted to prevent you from filing a separate due process complaint on an issue separate from a due process complaint already filed.

3.

Findings and decision to advisory panel and general public

The SEA after deleting any personally identifiable information, must:

a.

Provide the findings and decisions in the due process hearing or appeal to the State Special Education Advisor Panel (SEAP); and

b.

Make those findings and decisions available to the public.

D.

FINALITY OF DECISION; APPEAL; IMPARTIAL REVIEW (34 CFR §300.514)

Finality of hearing decision

A decision made in a due process hearing (including a hearing relating to disciplinary procedures) is final, except that any party involved in the hearing (you or the LEA) may appeal the decision to a court of competent jurisdiction.

E.

TIMELINES AND CONVENIENCE OF HEARINGS (34 CFR §300.515)

1.

Timelines

The SEA must ensure that not later than 45 calendar days after the expiration of the 30-calendar day period for resolution meetings or, as described under the sub-heading Adjustments to the 30-calendar day resolution period,

a.

A final decision is reached in the hearing; and

b.

A copy of the decision is mailed to you and the LEA.

15July 2008 Revisions

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