Appendix A: SELPA Form DM 77
Notice of Procedural Safeguards (Parents’ Rights)
the party or the attorney representing the party files a notice that meets these requirements.
Due Process Rights: You have a right to:
• A fair and impartial administrative hearing at the State level before a person who is knowledgeable of the laws governing special education and administrative hearings; • Be accompanied and advised by an attorney and/or individuals who have knowledge about children with disabilities;
• Present evidence, written arguments, and oral arguments;
• Confront, cross-examine, and require witnesses to be present;
• Receive a written or electronic verbatim record of the hearing, including findings of fact and decisions;
• Have your child present at the hearing;
• Have the hearing open or closed to the public;
• Be informed by the other parties of the issues and their proposed resolution of the issues at least 10 calendar days prior to the hearing; • Within five business days before a hearing, receive a copy of all documents, including assessments completed by that date and recommendations, and a list of witnesses and their general area of testimony;
Have an interpreter provided;
•
• Request an extension of the hearing timeline;
• Have a mediation conference at any point during the hearing; and
• Receive notice from the other party at least 10 days prior to the hearing that it intends to be represented by an attorney. Filing a Written Due Process Complaint: Whenever a request for a due process hearing has been filed, you and the LEA have the opportunity for an impartial due process hearing which is conducted by officials of the State. Within 15 days of receiving the notice of the complaint and prior to the opportunity for an impartial due process hearing, the LEA shall convene a Resolution Meeting with you and the other relevant members of the IEP team who have specific knowledge of the facts contained in the complaint. This meeting includes a representative of the LEA who has decision-making authority on behalf of the LEA. The LEA will not have an attorney present at this meeting unless an attorney accompanies you. During the Resolution
BP 1001 – Procedural Safeguards
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Desert Mountain Special Education Local Plan Area (DMSELPA) (rev. 03/13)
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