A hearing procedure will be available to parents or guardians of exceptional students according to law. A hearing will be held for the purpose of ascertaining whether a staffing/placement committee's recommendations for assignment, reassignment, exclusion, transfer or withdrawal of a student are warranted.
Approved: NOVEMBER 18, 1996
Exceptional Student Due Process Procedures
The school administration shall follow these placement procedures before a student who is an exceptional student in need of special education services is assigned, reassigned, transferred or excluded from any school program assignment by a staffing/placement committee.
A written notice of proposal to take any of the above named actions shall be given to the parents or guardians of the student involved. Such notice shall be mailed by registered mail or personally delivered to said parents or guardians and shall:
- Describe the proposed action and state the reasons why such action is deemed appropriate for the student; evaluation procedures, tests, records or reports upon which the action is based shall be included; this description should include options considered by the district and reasons for rejection of any option;
- Afford the parent the right to consent or object to the proposed action in writing upon forms provided by the board;
- Describe all of the rights regarding procedural due process including the right to a hearing;
- hearing on its own initiative.
- Inform the parent of any free or low cost legal services or other relevant services in the area;
- Inform the parents that if they desire more information related to special education rights and procedures they may call "Make a Difference", a toll-free service maintained by the state, (1-800-362-6262) for assistance and resources;
- Indicate the opportunity to obtain an independent evaluation of the student;
- Describe parents' right of access to school reports, files and records related to the proposed action; and
- State that the student will remain in his present education placement until such time as there is a decision following the due process hearing or until a proposed educational placement is accepted by both parties.
If the complaint involves admission of the student to public school, the student, with the consent of his parent, shall be placed in a public school program pending completion of all proceedings.
No action to assign, reassign, transfer or exclude a student on the ground of exceptionality in special education services shall be taken by a staffing/placement committee within the period afforded the parents or guardians to request a hearing except that the proposed action may be taken at any time with the written consent of the parents or guardians. If the parent objects, the district shall request a due process hearing which must be conducted not later than 30 days from the date on which the objection was received.
In the absence of written consent, no action shall be taken within the 30 day period afforded the parent to request a hearing. If, after this waiting period, the parents have failed to consent, the district shall request a due process hearing which must be conducted not later than 30 days from the date on which the initial 30 day waiting period ended. The parent or guardian has the right to revoke consent and request a hearing at any time.
When it is determined that an exceptional student can no longer materially benefit from the district's regular instruction or the program of special education offered by the district and/or needs more specialized remedial instruction in a state institution and is officially admitted therein, the district may not be required to provide such exceptional student with special education services.
Procedural Due Process Hearing
A hearing officer shall be selected in accordance with state law and the rules adopted by the State Board of Education which require that the parent or guardian be informed of the right to disqualify any or all of the hearing officers proposed by the board.
The hearing which is provided for herein shall be held at a time and place reasonably convenient to the parents or guardians of the involved student. The hearing shall be a closed hearing unless the parents or guardians shall request an open hearing and shall be conducted according to the rules and regulations as specified below.
Upon receipt of a request for a hearing from one of the parties, the hearing officer shall convene the hearing not less than 15, nor more than 30 days from the date of receipt of notice. During the hearing, both parties shall have the right to have counsel of their own choice present and to receive the advice of such counsel or other person whom they may select. The parents or guardians have the right to be present at the hearing. Both parties and their counsel or advisor shall have the right to read, hear and cross-examine the complete testimony of witnesses responsible for recommending the proposed action and of any other material witnesses appearing. The student has a right to present his own witnesses in person or their testimony by affidavit, including expert medical, psychological or educational testimony; and the student has the right to testify in his own behalf and give reasons in opposition to the proposed action. Both parties have a right to prohibit presentation of evidence not disclosed to the opposite party at least five days prior to the hearing. The student has a right to an orderly hearing and a fair and impartial decision based upon substantial evidence. Both parties have a right to have a record of the hearing made by a mechanical or electronic recording or by an official court reporter.
At a reasonable time prior to the hearing, the parents or guardians or counsel of the involved student shall be given access to all records, tests, reports or clinical evaluations relating to the proposed action.
Written notice of the results of any hearing held pursuant to law shall be sent by registered mail to the affected student, his parents or guardians or his counsel within 10 days after such result is determined.
The hearing officer appointed by the board shall, after the hearing, prepare a written report thereon and present it to the board. Any decision by the hearing officer in accordance with this section shall be final, subject to appeals as provided by law.
Any hearing officer holding a hearing under these regulations may administer oaths for the purpose of taking testimony therein.
The cost of any hearing shall be paid by the district.
Both parties have the right to appeal such decision to the State Board of Education according to law.
Approved: NOVEMBER 18, 1996