Due Process Hearing Request Procedures: ( Dixie R. Galvez) 16085E Lancashire Dr. 33470. Palm Beach U.S.A ( Dixiergalvez@gmail.com)

Due Process Hearing Request Procedures:

Filing A Due Process Hearing Request

34 CFR Section 300.507

General

You or the school district may file a due process hearing request on any matter relating to a proposal or a refusal to initiate or change the identification, evaluation, eligibility determination, or educational placement of your child or the provision of a FAPE to your child.


In addition, in accordance with Section 1008.212, Florida Statue in the event that your school district superintendent requests that an extraordinary exemption from participation in a state assessment be granted to your child and the commissioner of Education denies this request, you have the right to request an expedited due process hearing.

This request, would be made to the Department of Education. Upon your request, You would be informed of any free or low cost legal services and other relevant services available. The Department of Education will arrange a hearing on this matter with the state of Florida Division of Administrative Hearings.


The hearing must begin within 20 school days following receipt of your request. The administrative Law Judge (ALJ) must make a determination within 10 school days after the expedited hearing is completed.


The Due process hearing request must allege a violation that happened not more than two years before you or the school district knew or should have known about the alleged action that forms the basis of the due process complaint.


The above timeline does not apply to you if you could not file a due process hearing request within the timeline because:

1.) The school district specifically misrepresented that it had resolved the issues identifies in the complaint; or

2.) The school district withheld information from you that it was required to provide you under PART B of the IDEA.

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Legal Services:

The school district must inform you of any free or low cost legal and other relevant services available in the area if you request the information, or if you or the district file a due process hearing request.

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Due Process Hearing Requests

34 CFR Section 300.508

General

In order to request a hearing, You or the school district ( or your attorney or the school district attorney) Must submit a due process hearing request to the other party. The due process hearing request must contain all of the content listed below and must be kept confidential.


You or the school district, whichever one filed the due process hearing request, must also provide the Department of Education with a copy of the due process hearing request.

____________________________________________________________________________________


Content Of The Due Process Hearing Request:

The due process hearing request must include:

1.) The name of the student;

2.) The address of the students residence;

3.) The name of the students school;

4.) Student School ID;

5.) who is the Parents of the students.

6.) If the student is a homeless child or youth, the students contact information and the name of the students school;

7.) A description of the nature of the problem of the student relating to the proposed or refused action, including facts relating to the problem; and

8.) A Proposed resolution of the problem to the extent known and available to you or the school district at the time.

______________________________________________________________________________________


Notice required before a hearing on a due process hearing request:

You or the school district may not have a due process hearing until you or the school district ( or your attorney or the school district attorney) File a due process hearing request that includes the information listed above.

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Sufficiency Of Due Process Hearing Request:

In order for a due process hearing request to go forward, it must be considered sufficient. The due process hearing request will be considered  sufficient ( To have met the content requirements above) unless the party receiving the due process hearing request ( You or the school district) notifies the hearing officer and the other party in writing, within 15 calendar days of receiving the dueprocess hearing request hearing requests does not meet the requirements listed above.

Within five calendar days of receiving the notification the receiving party ( You or the school district) Considers a due process hearing request insufficient, the hearing officer must decide if the due process hearing requests meets the requirements listed above and notify you and the school district in writing immediately.

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Due Process Hearing Request Amendment:

You or the school district may make changes to the due process hearing request only if:

1.) The other party approves of the changes in writing and is given the chance to resolve the due process process hearing request through a resolution meeting, described below; or

2.) By no later than five days before the due process hearing begins, The hearing officer grants permission for the changes.


If the complaining party ( you or the school district makes changes to the due process hearing request, the timelines for the resolution meeting ( within 15 calendar days of receiving the due process hearing request) and the time period for resolution (within 30 calendar days of receiving the due process hearing request) Start again on the date the amended due process hearing request is filed.

 

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