local Educational Agency (lea) or School District Response To a Due Process Hearing Request ( Dixie R. Galvez) 16085E Lancashire Dr. 33470 U.S.A (Dixiergalvez@gmail.com)

 

Local Educational Agency ( LEA) Or School District Response To A Due Process Hearing Request:

If the school district has not sent a prior written notice to you, As described under the heading 

Prior written Notice, regarding the subject matter contained in your due process hearing request, the school district must, within 10 calendar days of receiving the due process hearing request, send to you a response that includes:


1.) An explanation of why the school district proposed or refused to take the action raised in the due process hearing request;

2.) A description of other options that your students IEP team considered and the reasons why those options were rejected;

3.) A description of each evaluation procedure, assessment, record, or report the school district used as the basis for the proposed or refused action; and

4.) A description of the other factors that are relevant to the school districts proposed or refused action.


Providing the information in items 1 to 4 above does not prevent the school district from asserting that your due process hearing request was insufficient.

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Other Party Response To A Due Process Hearing Request:

Except as stated under the sub heading immediately above, (LEA or school district response to a due process hearing request,) The party receiving a due process hearing request must, within 10 calendar days of receiving the due process hearing requests, send the other party a response that specifically addresses the issues in the due process hearing request.

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Model Forms:

34 CFR Section 300.509

In its role as the state educational agency (SEA), The Department of Education Must develop model forms to help you file a due process hearing requests and a state  complaint.

However, The SEA or the school district may not require you to use these model forms. In fact, you can use this form or another appropriate model form, Provide it contains the required information for filing a due process hearing requests or state complaint.

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Students Placement During Due Process Proceedings:

34 CFR Section 300.518

Except as provide below under the heading  Change of Placement Because Of Disciplinary Removals,

Once a due process hearing requests is sent to the other party, during the resolution process time period, and while waiting for the decision of any impartial due process hearing or court proceeding, Unless you and the SEA or school district agree otherwise, your child must remain in his or her current educational placement.

If the due process hearing request involves an application for initial admission to public school, your child, with your consent, must be placed in the regular public school program until the completion of all such proceedings.


If the due process hearing request involves an application for initial services under PART B of the IDEA for a child who is transitioning from being served under  PART C of the IDEA to PART B of the IDEA and who is no longer eligible for PART C services because the child has turned three, the school district is not required to provide the PART C services that the child has been receiving. If the child is found eligible under PART B of the IDEA and you consent for the child to received special education and related services for the first time, then pending the outcome of the proceedings, the school district must provide those special education and related services that are not in dispute ( those which you and the school district both agree upon).

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Resolution Process:

34 CFR Section 300.510

Resolution Meeting

Within 15 Calendar days of receiving notice of your due process hearing request, and before the due process hearing begins, the school district must convene a meeting with you and the relevant member or members of the IEP team who have specific knowledge of the facts identified in your due process hearing requests. The Meeting:

1.) Must include a representative of the school district who has decision making authority on behalf of the school district; and

2.) May not include an attorney of the school district unless you are accompanied by an attorney.


You and the school district determine the relevant members of the IEP team to attend the Meeting.


The purpose of the meeting is for you to discuss your due process hearing request, and the facts that form the basis of the due process hearing request, so that the school district has the opportunity to resolve the dispute.


The resolution meeting is not necessary if:

1.) You and the school district agree in writing to waive the meeting; or

2.) You and the school district agree to use the mediation process, as described under the heading  Mediation.

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