requests the due process hearing may not Present evidence and confront, raise issues at the due process hearing cross-examine, and require the that were not addressed in the due attendance of witnesses; process complaint, unless the other party Prohibit the introduction of any agrees. evidence at the hearing that has not been disclosed to that party at Timeline for requesting a hearing least five (5) business days You or the school district must request before the hearing; an impartial hearing on a due process Obtain a written, or, at your complaint within years of the two (2) option, electronic, word-for-word date you or the school district knew or record of the hearing; and should have known about the issue Obtain written, or, at your option, addressed in the complaint. electronic findings of fact and decisions. Exceptions to the timeline The above timeline does not apply to Additional disclosure of information you if you could not file a due process At least business days prior to a five (5) complaint because: due process hearing, you and the school The school district specifically district must disclose to each other all misrepresented that it had evaluations completed by that date and resolved the problem or issue recommendations based on those that you are raising in your evaluations that you or the school district complaint; or intend to use at the hearing. The school district withheld information from you that it was A hearing officer may prevent any party required to provide to you under that fails to comply with this Part B of the IDEA. requirement from introducing the relevant evaluation or recommendation Hearing Rights at the hearing without the consent of the other party. §300.512 Parental rights at hearings General You must be given the right to: You have the right to represent yourself Have your child present at the at a due process hearing. In addition, any hearing; party to a due process hearing (including Open the hearing to the public; a hearing relating to disciplinary and procedures) has the right to: Have the record of the hearing, Be accompanied and advised by the findings of facts and counsel and by persons with decisions provided to you at no special knowledge or training cost. regarding the problems of children with disabilities; Hearing Decisions Be represented at the due process §300.513 hearing by an attorney; Decision of hearing officer
requests the due process hearing may not raise issues at the due process hearing that were not addressed in the due process complaint, unless the other party agrees. Timeline for requesting a hearing You or the school district must request an impartial hearing on a due process complaint within two (2) years of the date you or the school district knew or should have known about the issue addressed in the complaint. Exceptions to the timeline The above timeline does not apply to you if you could not file a due process complaint because: The school district specifically misrepresented that it had resolved the problem or issue that you are raising in your complaint; or The school district withheld information from you that it was required to provide to you under Part B of the IDEA. Hearing Rights §300.512 General You have the right to represent yourself at a due process hearing. In addition, any party to a due process hearing (including a hearing relating to disciplinary procedures) has the right to: Be accompanied and advised by counsel and by persons with special knowledge or training regarding the problems of children with disabilities; Be represented at the due process hearing by an attorney; 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 (5) 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 (5) 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 at the hearing; Open the hearing to the public; and Have the record of the hearing, the findings of facts and decisions provided to you at no cost. Hearing Decisions §300.513 Decision of hearing officer
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