The public agency as a party to a due process hearing must:
- (1) Complete the Due Process Hearing Information form;
- (2) Provide access to all education records, reports, and files regarding the child to parents and their representative for review and inspection;
- (3) Provide the parents with an opportunity to inspect and copy these records at a reasonable cost;
(4) Make the arrangements for an independent educational evaluation for the child by an outside evaluator when deemed necessary by:
- (A) Agreement with the parents; or
- (B) Order of the hearing officer;
- (5) Compel appropriate educational personnel to provide testimony at the hearing as determined by the public agency and/or as requested by the parents;
- (6) Provide a meeting room for the due process hearing;
- (7) Provide evidence and testimony at the hearing to show that the proposed course of action is necessary and appropriate;
(8) Inform parents of any free or low-cost legal and other relevant services available in the area if:
- (A) The parent requests the information; or
- (B) The parent or the public agency initiates a hearing; and
(9)
- (A) Supply information to the hearing officer and the Special Education Unit concerning the assignment and appointment of the child’s surrogate parent, if applicable.
- (B) See 6 CAR § 130-1501 et seq., for rules regarding the appointment of surrogate parents.