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Due Process Procedures


A.  A due process hearing officer shall be appointed to implement the due process procedures described in this Section or the rules, and shall:

1.  Have knowledge about the provision of early intervention services in accordance with Sections 7.900-7.994; and,

2.  Listen to the presentation of relevant viewpoints about a complaint, examine all information relevant to the issues and seek to reach a timely resolution of the due process complaint; and,

3.  Provide a record of the proceedings, including a written decision.

B.  In the context of Section 7.993, "impartial", under this section of the rules, means that a person appointed to implement a complaint resolution process:

1.  Is not an employee of any agency or other entity involved in the provision of early intervention services or care of the child; and,

2.  Does not have a personal or professional interest that would conflict with his or her objectivity in implementing the process; and,

3.  Is not an employee of an agency solely because the person is paid by the agency to implement the due process proceeding.

C.  Any parent of a child referred for services under Sections 7.900-7.994 may submit a written request for a due process proceeding to the Department using the State form or another signed written request, and has the right to:

1.  Be accompanied and advised by counsel and by individuals with special knowledge or training with respect to early intervention services, at the parent's expense; and,

2.  Present evidence and confront, cross-examine, and compel the attendance of witnesses that are either employed by or under contract with the Certified Early Intervention Service Broker; and,

3.  Prohibit the introduction of any evidence at the proceeding that has not been disclosed to a parent at least five (5) calendar days before the proceeding; and,

4.  Obtain a written or electronic verbatim transcription of the proceeding; and,

5.  Receive written findings of fact and decisions at no cost to the parent.

D.  Any proceeding for implementing the due process hearing shall be carried out at a time and place that is reasonably convenient to the parent.

E.  No later than thirty (30) calendar days after receipt of a parent's written complaint, the proceeding shall be completed and a written decision mailed to each of the parties.

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