Iowa Code r. 281-41.511 - Impartial due process hearing
(1)
General. Whenever a due process complaint is received under
this division, the parents or the LEA involved in the dispute must have an
opportunity for an impartial due process hearing, consistent with the
procedures in this chapter.
(2)
SEA responsible for conducting the due process hearing. The
hearing described in subrule 41.511(1) must be conducted by the
department.
(3)
Administrative law judge.
a.
Minimum qualifications. At a minimum, an administrative law
judge:
(1) Must not be an employee of the SEA
or the LEA that is involved in the education or care of the child or a person
having a personal or professional interest that conflicts with the person's
objectivity in the hearing;
(2)
Must possess knowledge of, and the ability to understand, the provisions of the
Act, federal and state regulations pertaining to the Act, and legal
interpretations of the Act by federal and state courts;
(3) Must possess the knowledge and ability to
conduct hearings in accordance with appropriate, standard legal practice;
and
(4) Must possess the knowledge
and ability to render and write decisions in accordance with appropriate,
standard legal practice.
b.
Rule of construction. A
person who otherwise qualifies to conduct a hearing under
41.511(3)"a" is not an employee of the agency solely because
the person is paid by the agency to serve as an administrative law
judge.
c.
SEA to maintain
list of administrative law judges. The department shall keep a list of
the persons who serve as administrative law judges. The list must include a
statement of the qualifications of each of those persons.
(4)
Subject matter of due process
hearings. The party requesting the due process hearing may not raise
issues at the due process hearing that were not raised in the due process
complaint filed under subrule 41.508(2), unless each of the other parties
agrees otherwise.
(5)
Timeline for requesting a hearing. A parent or agency must
request an impartial hearing on the due process complaint within two years of
the date the parent or agency knew or should have known about the alleged
action that forms the basis of the due process complaint.
(6)
Exceptions to the
timeline. The timeline described in subrule 41.511(5) does not apply
to a parent if the parent was prevented from filing a due process complaint due
to either of the following:
a. Specific
misrepresentations by the LEA that it had resolved the problem forming the
basis of the due process complaint; or
b. The LEA's withholding of information from
the parent that was required under this chapter to be provided to the
parent.
Notes
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