511 IAC 7-45-3 - Due process hearing requests
Authority: IC 20-19-2-8; IC 20-19-2-16
Affected: IC 20-19-2; IC 20-35
Sec. 3.
(a) A parent,
a public agency, or the state educational agency may initiate a due process
hearing that is conducted by an independent hearing officer when there is a
dispute regarding any of the following:
(1) A
student's identification and eligibility for services under this
article.
(2) The appropriateness of
the:
(A) educational evaluation; or
(B) student's proposed or current level of
special education services or placement.
(3) Any other dispute involving the provision
of a free appropriate public education for the student.
(b) A request for a due process hearing and
for the appointment of an independent hearing officer shall:
(1) be in writing and signed;
(2) include:
(A) the student's name and address;
or
(B) in the case of a homeless
student as defined at
511 IAC 7-32-46, available
contact information for the student;
(3) include the name of the school the
student is attending;
(4) specify
the reasons for the hearing request, including:
(A) a description of the nature of the
problem; and
(B) any facts related
to the problem;
(5)
include a proposed resolution of the problem to the extent known and available
to the party at the time; and
(6)
be sent simultaneously to the secretary of education and the opposing
party.
(c) The due
process hearing request must allege a violation that occurred not more than two
(2) years before the date the parent or public agency knew or should have known
about the alleged action that forms the basis of the due process hearing
request unless the parent was prevented from filing a due process hearing
request due to:
(1) specific
misrepresentations by the public agency that it had resolved the problems
forming the basis of the due process hearing; or
(2) the public agency's withholding of
information from the parent that was required under this article to be provided
to the parent.
(d) The
secretary of education shall appoint the independent hearing officer. When a
due process hearing request is received, the state educational agency shall
send the public agency and the parent a:
(1)
written notice of the name of the independent hearing officer who has been
appointed; and
(2) copy of the
letter requesting a due process hearing.
(e) The public agency must inform the parent
of the availability of free or low cost legal and other relevant services
available in the area if:
(1) the parent
requests the information; or
(2)
the parent or the public agency files a due process hearing request under this
section.
(f) Due process
timelines begin upon the opposing party's receipt of the due process hearing
request.
Notes
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