The following are the procedures to be followed when the parents or public agency officials make it known that they wish to initiate a due process hearing:
(1)
- (A) The hearing request is placed in writing by the requesting party.
- (B) The party, or attorney representing the party, filing a due process complaint must provide to the other party a due process complaint, which must remain confidential.
- (C) The party filing a due process complaint must forward a copy of the due process complaint to the SEA.
- (D) See forms for request for hearing/expedited hearing;
(2)
(A) The public agency official completes the Due Process Information form and notifies the:
- (i) Director of the Special Education Unit; or
- (ii) SEA.
- (B) See Notification Letter to SEA;
(3)
(A)
- (i) The public agency notifies the parent in writing that the request for hearing has been filed with the SEA.
- (ii) See Notice of Filing a Request For Hearing/Expedited Hearing form.
(B)
(i) The letter will include:
- (a) (a) A copy of “Your Rights Under the IDEA”;
- (b) (b) Due process hearing procedures; and
- (c) (c) A completed copy of the Due Process Hearing Information form.
- (ii) See Notice of Filing a Request for Hearing/Expedited Hearing form; and
- (4) The Special Education Unit will make arrangements for the hearing and inform parties of their hearing rights.