Appendix D: Frequently Asked Questions (FAQs)
Mediation and Due Process
• 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 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.
BP 1001 – Procedural Safeguards
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Desert Mountain Special Education Local Plan Area (DMSELPA) (rev. 03/13)
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