Policy – Category 1000 (Community Relations) BP 1001 – Procedural Safeguards
The ALJ from the OAH is in charge of the hearing just like a judge is in a trial. The ALJ rules on all procedural matters, facilitates the hearing, listens to the evidence and arguments of the parties, and writes a final decision, which is binding. The due process timeline is 45 calendar days from the receipt of a complaint for a due process hearing. The timeline does not include time used by a postponement requested by a party or granted by the OAH, or time used by the resolution session. Expedited hearings, which involve student discipline, must be held within 20 school days of receipt of the complaint and a written decision must be issued within 10 school days after the hearing. A party has the right to appeal the OAH decision to a state or federal court of competent jurisdiction within 90 days of the receipt of the decision, but no later. The hearing is digitally recorded and either party may request a written verbatim transcript of the hearing. Stay-Put The stay-put or status quo provision of the IDEA acts as an automatic preliminary injunction, preventing a party from unilaterally changing the child’s program or placement pending the resolution of the due process complaint or judicial action concerning the child’s program or placement. Stay-put is only in effect during due process ( Title 34 of the Code of Federal Regulations § 300.518(a) ). Due Process Complaints and General Liability The Charter LEA has the primary responsibility for ensuring that FAPE is available to children in the Charter LEA who are eligible for special education. The DMCS holds no jurisdiction, financially or decision making, over any due process complaints filed against its member Charter LEAs. If named as an individual in a due process complaint filing, the member Charter LEA agrees to dismiss the DMCS as a named participant and shall inform other parties of the DMCS’ role and responsibilities in terms of liability and due process filings. The DMCS Risk Pool Insurance Fund developed by member LEAs, provides revenue costs in designated areas which include Legal/Due Process/Fair Hearing expenditures for the DMCS and Charter LEA legal counsel related to compliance findings and due process hearings when approved procedures have been followed. NOTE: Legal assistance and representation for participating LEAs are coordinated by the Due Process Program Manager. All contacts with SELPA- retained attorneys or legal consultants shall be made only after approval of the Program Manager for Due Process. Any Charter LEA initiating contact with a
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BP 1001 – Procedural Safeguards
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Desert Mountain Charter Special Education Local Plan Area (DMCS) (rev. 11/16)
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