Appendix D: Frequently Asked Questions (FAQs) Mediation and Due Process
the right to request assistance in identifying the issues and the proposed resolution of the issues. • Right to prohibit the introduction of surprise evidence . A hearing officer may prohibit the introduction of any evidence at the hearing that has not been properly disclosed at least five business days before the hearing. That is why the notice of hearing instructs each party to give the other party – at least five business days before the hearing – a copy of all documents it plans to present in the hearing and a list of witnesses it expects to call and their general area of testimony. • Right to exclude witnesses . A party may ask that the hearing office order prospective witnesses to remain outside the hearing room while other witnesses are testifying. This practice allows the hearing office to compare the testimonies of witnesses who have not heard each other testify. • Right to an interpreter . If the primary language of a party is other than English, an interpreter will be provided by the Office of Administrative Hearings. It is important that parties notify the Office of Administrative Hearings well before the hearing when an interpreter is needed. In addition to the right set out above, the parents have the following additional rights: • Right to examine student records . Parents have the right to examine all records maintained by the school that are related to their child and to receive copies within five days after requesting them. Parents should call or write their local school LEA to request access to student records. • Right to public hearing . Parents have the right to allow members of the public to attend the hearing. • Right to have the student present at the hearing . Parents have the right to have the disabled student present during the hearing. 14. Question: Are parents entitled to a free attorney? Answer: All parties have the right to be represented at all stages of the hearing by an attorney or other representative of their choosing. That does not mean that the school or other public agency must pay for the parents’ attorney. Parents may be entitled to have the cost of the attorney’s fees reimbursed if they prevail as a consequence of initiating a due process hearing. The federal court, in its discretion, may award reasonable attorney’s fees to the parents or guardian of a disabled child or youth who is the prevailing party.
BP 1001 – Procedural Safeguards
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Desert Mountain Charter Special Education Local Plan Area (DMCS) (rev. 11/16)
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