Iowa Admin. Code r. 281-41.512 - Hearing rights
(1)
General. Any party to a hearing conducted pursuant to the
rules of this division and Division XII has the right to:
a. Be accompanied and advised by counsel and
by individuals with special knowledge or training with respect to the problems
of children with disabilities;
b.
Present evidence and confront, cross-examine, and compel the attendance of
witnesses;
c. Prohibit the
introduction of any evidence at the hearing that has not been disclosed to that
party at least five business days before the hearing;
d. Obtain a written or, at the option of the
parents, electronic, verbatim record of the hearing; and
e. Obtain written or, at the option of the
parents, electronic findings of fact and decisions.
(2)
Additional disclosure of
information.
a. At least five
business days prior to a hearing conducted pursuant to subrule 41.511(1), each
party must disclose to all other parties all evaluations completed by that date
and recommendations based on the offering party's evaluations that the party
intends to use at the hearing.
b.
An administrative law judge may bar any party that fails to comply with
paragraph 41.512(2)"a" from introducing the relevant
evaluation or recommendation at the hearing without the consent of the other
party.
(3)
Parental rights at hearings. Parents involved in hearings 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 and the findings of fact and decisions described in paragraphs
41.512(1)"d" and "e" provided at no cost to
parents.
Notes
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