34 CFR §300.512 General Any party to a due process hearing (including a hearing relating to disciplinary procedures) has the right to: Be accompanied and advised by a lawyer and/or persons with special knowledge or training regarding the problems of children with disabilities; Present evidence and confront, cross-examine, and require the attendance of witnesses; 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; Obtain a written, or, at your option, electronic, word-for-word record of the hearing; and Obtain written, or, at your option, electronic findings of fact and decisions. Additional disclosure of information At least five business days prior to a due process hearing, you and the school district must disclose to each other all evaluations completed by that date and recommendations based on those evaluations that you or the school district 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. Parental rights at hearings You must be given the right to: Have your child present; Open the hearing to the public; and Have the record of the hearing, the findings of fact and decisions provided to you at no cost. 34 CFR §300.513 Decision of hearing officer A hearing decision on whether your child received a free appropriate public education officer’s (FAPE) must be based on substantive grounds. In matters alleging a procedural violation, a hearing officer may find that your child did not receive FAPE only if the procedural inadequacies: Interfered with your right to a free appropriate public education (FAPE); child’s Significantly interfered with your opportunity to participate in the decision-making process regarding the provision of a free appropriate public education (FAPE) to your child; or Caused a deprivation of an educational benefit. Construction clause None of the provisions described above can be interpreted to prevent a hearing officer from ordering a school district 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).
34 CFR §300.512 General Any party to a due process hearing (including a hearing relating to disciplinary procedures) has the right to: Be accompanied and advised by a lawyer and/or persons with special knowledge or training regarding the problems of children with disabilities; Present evidence and confront, cross-examine, and require the attendance of witnesses; 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; Obtain a written, or, at your option, electronic, word-for-word record of the hearing; and Obtain written, or, at your option, electronic findings of fact and decisions. Additional disclosure of information At least five business days prior to a due process hearing, you and the school district must disclose to each other all evaluations completed by that date and recommendations based on those evaluations that you or the school district 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. Parental rights at hearings You must be given the right to: Have your child present; Open the hearing to the public; and Have the record of the hearing, the findings of fact and decisions provided to you at no cost. 34 CFR §300.513 Decision of hearing officer A hearing officer’s decision on whether your child received a free appropriate public education (FAPE) must be based on substantive grounds. In matters alleging a procedural violation, a hearing officer may find that your child did not receive FAPE only if the procedural inadequacies: Interfered with your child’s right to a free appropriate public education (FAPE); Significantly interfered with your opportunity to participate in the decision-making process regarding the provision of a free appropriate public education (FAPE) to your child; or Caused a deprivation of an educational benefit. Construction clause None of the provisions described above can be interpreted to prevent a hearing officer from ordering a school district 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).
ProSafeguards.docx