Appendix D: Frequently Asked Questions (FAQs) Mediation and Due Process
Answer : The law requires that the student remain in his or her present educational placement during the hearing process and pending the written decision unless the school and the parents agree otherwise. This requirement is often referred to as the “stay put” provision of the law. The “stay put” requirement does not necessarily apply to prehearing request mediations. Recent federal law has created two important exceptions to stay put. For more information see Individuals with Disabilities Education Act Amendments of
1997, P.L. 105-17, Title I, Part B, Section 615 (k)(1) and (2). 13. Question: What are the parties’ rights during the hearing? Answer : All parties have the following rights during the hearing:
• Right to representation . All parties have the right to be accompanied, advised, and assisted by counsel and by persons with special knowledge or training related to the problems of disabled children. • Right to present evidence and argument . All parties have the right to call witnesses and present written and other evidence that will help them prove their case. They will also be given the opportunity to argue the merits of their case orally or in writing. • Right to confront and cross-examine adverse witnesses . All parties have the right to be present when witnesses testify against their position and to ask them questions concerning their views. • Right to compel the presence of witnesses . If a witness refuses to appear at the hearing voluntarily, the party requesting that witness has the right to force him or her to come to the hearing. This is accomplished by the use of subpoenas that are issued by the Office of Administrative Hearings. Before requesting a subpoena, the party should first determine whether the witness will be at the hearing voluntarily. • Right to record of the hearing . The hearing officer will record the hearing with a tape recorder. The parties have the right to a record of the hearing. • Right to written findings of fact and decision . The hearing office must prepare a written decision setting forth his or her findings of fact, analysis of the law, and final decision. • Right to notice of issues for hearing and proposed resolution of the issues . The law requires that the parties submit to each other at least ten (10) days prior to the hearing what they believe are the issues to be resolved in the hearing and their proposed resolution of the issues. A parent who is not represented by an attorney has
BP 1001 – Procedural Safeguards
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Desert Mountain Charter Special Education Local Plan Area (DMCS) (rev. 11/16)
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