Due process hearing before panel, members and chairman chosen,how--written report--expedited hearing--forty-five dayplacement--hearing requirements--preliminary meeting.
162.961. 1. A parent, guardian or the responsible educational agencymay request a due process hearing by the state board of education withrespect to any matter relating to identification, evaluation, educationalplacement, or the provision of a free appropriate public education of thechild. Such request shall include the child's name, address, school,issue, and suggested resolution of dispute if known. Except as provided insubsection 4 of this section, the board or its delegated representativeshall within fifteen days after receiving notice empower a hearing panel ofthree persons who are not directly connected with the original decision andwho are not employees of the board to which the appeal has been made. Allof the panel members shall have some knowledge or training involvingchildren with disabilities, none shall have a personal or professionalinterest which would conflict with his or her objectivity in the hearing,and all shall meet the department of elementary and secondary education'straining and assessment requirements pursuant to state regulations andfederal law and regulation requirements of the Individuals WithDisabilities Education Act. One person shall be chosen by the local schooldistrict board or its delegated representative or the responsibleeducational agency, and one person shall be chosen at the recommendation ofthe parent or guardian. If either party has not chosen a panel member tendays after the receipt by the department of elementary and secondaryeducation of the request for a due process hearing, such panel member shallbe chosen instead by the department of elementary and secondary education.Each of these two panel members shall be compensated pursuant to a rate setby the department of elementary and secondary education. The third personshall be appointed by the state board of education and shall serve as thechairperson of the panel. The chairperson shall be an attorney licensed topractice law in this state. During the pendency of any three-member panelhearing, or prior to the empowerment of the panel, the parties may, bymutual agreement, submit their dispute to a mediator pursuant to section162.959.
2. The parent or guardian, school official, and other personsaffected by the action in question shall present to the hearing panel allpertinent evidence relative to the matter under appeal. All rights andprivileges as described in section 162.963 shall be permitted.
3. After review of all evidence presented and a proper deliberation,the hearing panel, within the time lines required by the Individuals WithDisabilities Education Act, 20 U.S.C. Section 1415 and any amendmentsthereto, shall by majority vote determine its findings, conclusions, anddecision in the matter in question and forward the written decision to theparents or guardian of the child and to the president of the appropriatelocal board of education or responsible educational agency and to thedepartment of elementary and secondary education. A specific extension ofthe time line may be made by the chairman at the request of either party,except in the case of an expedited hearing as provided in subsection 4 ofthis section.
4. An expedited due process hearing by the state board of educationmay be requested by a parent to challenge a disciplinary change ofplacement or to challenge a manifestation determination in connection witha disciplinary change of placement or by a responsible educational agencyto seek a forty-five school day alternative educational placement for adangerous or violent student. The board or its delegated representativeshall appoint a hearing officer to hear the case and render a decisionwithin the time line required by federal law and state regulationsimplementing federal law. The hearing officer shall be an attorneylicensed to practice law in this state. The hearing officer shall havesome knowledge or training involving children with disabilities, shall nothave a personal or professional interest which would conflict with his orher objectivity in the hearing, and shall meet the department of elementaryand secondary education's training and assessment requirements pursuant tostate regulations and federal law and regulation requirements of theIndividuals With Disabilities Education Act. A specific extension of thetime line is only permissible to the extent consistent with federal law andpursuant to state regulations.
5. If the responsible public agency requests a due process hearing toseek a forty-five school day alternative educational placement for adangerous or violent student, the agency shall show by substantial evidencethat there is a substantial likelihood the student will injure himself orothers and that the agency made reasonable efforts to minimize that risk,and shall show that the forty-five school day alternative educationalplacement will provide a free appropriate public education which includesservices and modifications to address the behavior so that it does notreoccur, and continue to allow progress in the general educationcurriculum.
6. Any due process hearing request and responses to the request shallconform to the requirements of the Individuals With Disabilities EducationAct (IDEA). Determination of the sufficiency shall be made by thechairperson of the three-member hearing panel, or in the case of anexpedited due process hearing, by the hearing officer. The chairperson orhearing officer shall implement the process and procedures, including timelines, required by the IDEA, related to sufficiency of notice, response tonotice, determination of sufficiency dispute, and amendments of the notice.
7. A preliminary meeting, known as a resolution session, shall beconvened by the responsible public agency, under the requirements of theIDEA. The process and procedures required by the IDEA in connection to theresolution session and any resulting written settlement agreement shall beimplemented. The responsible public agency or its designee shall sign theagreement. The designee identified by the responsible public agency shallhave the authority to bind the agency. A local board of education, as aresponsible public agency, shall identify a designee with authority to bindthe school district.
Due process hearing before panel, members and chairman chosen,how--written report--expedited hearing--forty-five dayplacement--hearing requirements--preliminary meeting.
162.961. 1. A parent, guardian or the responsible educational agencymay request a due process hearing by the state board of education withrespect to any matter relating to identification, evaluation, educationalplacement, or the provision of a free appropriate public education of thechild. Such request shall include the child's name, address, school,issue, and suggested resolution of dispute if known. Except as provided insubsection 4 of this section, the board or its delegated representativeshall within fifteen days after receiving notice empower a hearing panel ofthree persons who are not directly connected with the original decision andwho are not employees of the board to which the appeal has been made. Allof the panel members shall have some knowledge or training involvingchildren with disabilities, none shall have a personal or professionalinterest which would conflict with his or her objectivity in the hearing,and all shall meet the department of elementary and secondary education'straining and assessment requirements pursuant to state regulations andfederal law and regulation requirements of the Individuals WithDisabilities Education Act. One person shall be chosen by the local schooldistrict board or its delegated representative or the responsibleeducational agency, and one person shall be chosen at the recommendation ofthe parent or guardian. If either party has not chosen a panel member tendays after the receipt by the department of elementary and secondaryeducation of the request for a due process hearing, such panel member shallbe chosen instead by the department of elementary and secondary education.Each of these two panel members shall be compensated pursuant to a rate setby the department of elementary and secondary education. The third personshall be appointed by the state board of education and shall serve as thechairperson of the panel. The chairperson shall be an attorney licensed topractice law in this state. During the pendency of any three-member panelhearing, or prior to the empowerment of the panel, the parties may, bymutual agreement, submit their dispute to a mediator pursuant to section162.959.
2. The parent or guardian, school official, and other personsaffected by the action in question shall present to the hearing panel allpertinent evidence relative to the matter under appeal. All rights andprivileges as described in section 162.963 shall be permitted.
3. After review of all evidence presented and a proper deliberation,the hearing panel, within the time lines required by the Individuals WithDisabilities Education Act, 20 U.S.C. Section 1415 and any amendmentsthereto, shall by majority vote determine its findings, conclusions, anddecision in the matter in question and forward the written decision to theparents or guardian of the child and to the president of the appropriatelocal board of education or responsible educational agency and to thedepartment of elementary and secondary education. A specific extension ofthe time line may be made by the chairman at the request of either party,except in the case of an expedited hearing as provided in subsection 4 ofthis section.
4. An expedited due process hearing by the state board of educationmay be requested by a parent to challenge a disciplinary change ofplacement or to challenge a manifestation determination in connection witha disciplinary change of placement or by a responsible educational agencyto seek a forty-five school day alternative educational placement for adangerous or violent student. The board or its delegated representativeshall appoint a hearing officer to hear the case and render a decisionwithin the time line required by federal law and state regulationsimplementing federal law. The hearing officer shall be an attorneylicensed to practice law in this state. The hearing officer shall havesome knowledge or training involving children with disabilities, shall nothave a personal or professional interest which would conflict with his orher objectivity in the hearing, and shall meet the department of elementaryand secondary education's training and assessment requirements pursuant tostate regulations and federal law and regulation requirements of theIndividuals With Disabilities Education Act. A specific extension of thetime line is only permissible to the extent consistent with federal law andpursuant to state regulations.
5. If the responsible public agency requests a due process hearing toseek a forty-five school day alternative educational placement for adangerous or violent student, the agency shall show by substantial evidencethat there is a substantial likelihood the student will injure himself orothers and that the agency made reasonable efforts to minimize that risk,and shall show that the forty-five school day alternative educationalplacement will provide a free appropriate public education which includesservices and modifications to address the behavior so that it does notreoccur, and continue to allow progress in the general educationcurriculum.
6. Any due process hearing request and responses to the request shallconform to the requirements of the Individuals With Disabilities EducationAct (IDEA). Determination of the sufficiency shall be made by thechairperson of the three-member hearing panel, or in the case of anexpedited due process hearing, by the hearing officer. The chairperson orhearing officer shall implement the process and procedures, including timelines, required by the IDEA, related to sufficiency of notice, response tonotice, determination of sufficiency dispute, and amendments of the notice.
7. A preliminary meeting, known as a resolution session, shall beconvened by the responsible public agency, under the requirements of theIDEA. The process and procedures required by the IDEA in connection to theresolution session and any resulting written settlement agreement shall beimplemented. The responsible public agency or its designee shall sign theagreement. The designee identified by the responsible public agency shallhave the authority to bind the agency. A local board of education, as aresponsible public agency, shall identify a designee with authority to bindthe school district.
Due process hearing before panel, members and chairman chosen,how--written report--expedited hearing--forty-five dayplacement--hearing requirements--preliminary meeting.
162.961. 1. A parent, guardian or the responsible educational agencymay request a due process hearing by the state board of education withrespect to any matter relating to identification, evaluation, educationalplacement, or the provision of a free appropriate public education of thechild. Such request shall include the child's name, address, school,issue, and suggested resolution of dispute if known. Except as provided insubsection 4 of this section, the board or its delegated representativeshall within fifteen days after receiving notice empower a hearing panel ofthree persons who are not directly connected with the original decision andwho are not employees of the board to which the appeal has been made. Allof the panel members shall have some knowledge or training involvingchildren with disabilities, none shall have a personal or professionalinterest which would conflict with his or her objectivity in the hearing,and all shall meet the department of elementary and secondary education'straining and assessment requirements pursuant to state regulations andfederal law and regulation requirements of the Individuals WithDisabilities Education Act. One person shall be chosen by the local schooldistrict board or its delegated representative or the responsibleeducational agency, and one person shall be chosen at the recommendation ofthe parent or guardian. If either party has not chosen a panel member tendays after the receipt by the department of elementary and secondaryeducation of the request for a due process hearing, such panel member shallbe chosen instead by the department of elementary and secondary education.Each of these two panel members shall be compensated pursuant to a rate setby the department of elementary and secondary education. The third personshall be appointed by the state board of education and shall serve as thechairperson of the panel. The chairperson shall be an attorney licensed topractice law in this state. During the pendency of any three-member panelhearing, or prior to the empowerment of the panel, the parties may, bymutual agreement, submit their dispute to a mediator pursuant to section162.959.
2. The parent or guardian, school official, and other personsaffected by the action in question shall present to the hearing panel allpertinent evidence relative to the matter under appeal. All rights andprivileges as described in section 162.963 shall be permitted.
3. After review of all evidence presented and a proper deliberation,the hearing panel, within the time lines required by the Individuals WithDisabilities Education Act, 20 U.S.C. Section 1415 and any amendmentsthereto, shall by majority vote determine its findings, conclusions, anddecision in the matter in question and forward the written decision to theparents or guardian of the child and to the president of the appropriatelocal board of education or responsible educational agency and to thedepartment of elementary and secondary education. A specific extension ofthe time line may be made by the chairman at the request of either party,except in the case of an expedited hearing as provided in subsection 4 ofthis section.
4. An expedited due process hearing by the state board of educationmay be requested by a parent to challenge a disciplinary change ofplacement or to challenge a manifestation determination in connection witha disciplinary change of placement or by a responsible educational agencyto seek a forty-five school day alternative educational placement for adangerous or violent student. The board or its delegated representativeshall appoint a hearing officer to hear the case and render a decisionwithin the time line required by federal law and state regulationsimplementing federal law. The hearing officer shall be an attorneylicensed to practice law in this state. The hearing officer shall havesome knowledge or training involving children with disabilities, shall nothave a personal or professional interest which would conflict with his orher objectivity in the hearing, and shall meet the department of elementaryand secondary education's training and assessment requirements pursuant tostate regulations and federal law and regulation requirements of theIndividuals With Disabilities Education Act. A specific extension of thetime line is only permissible to the extent consistent with federal law andpursuant to state regulations.
5. If the responsible public agency requests a due process hearing toseek a forty-five school day alternative educational placement for adangerous or violent student, the agency shall show by substantial evidencethat there is a substantial likelihood the student will injure himself orothers and that the agency made reasonable efforts to minimize that risk,and shall show that the forty-five school day alternative educationalplacement will provide a free appropriate public education which includesservices and modifications to address the behavior so that it does notreoccur, and continue to allow progress in the general educationcurriculum.
6. Any due process hearing request and responses to the request shallconform to the requirements of the Individuals With Disabilities EducationAct (IDEA). Determination of the sufficiency shall be made by thechairperson of the three-member hearing panel, or in the case of anexpedited due process hearing, by the hearing officer. The chairperson orhearing officer shall implement the process and procedures, including timelines, required by the IDEA, related to sufficiency of notice, response tonotice, determination of sufficiency dispute, and amendments of the notice.
7. A preliminary meeting, known as a resolution session, shall beconvened by the responsible public agency, under the requirements of theIDEA. The process and procedures required by the IDEA in connection to theresolution session and any resulting written settlement agreement shall beimplemented. The responsible public agency or its designee shall sign theagreement. The designee identified by the responsible public agency shallhave the authority to bind the agency. A local board of education, as aresponsible public agency, shall identify a designee with authority to bindthe school district.
