1802 DUE PROCESS PROCEDURES

1802.1 Each request for a hearing shall be submitted in writing to the District of Columbia Public School Student Hearing Office by the complainant or the complainant's representative.1802.2 A complainant requesting a hearing under this chapter shall be afforded all of the rights set forth in this section.1802.3 Each complainant shall be informed of any legal and other relevant services, including those which are free or low cost, if:- (a) The complainant requests the information; or

- (b) The complainant initiates a hearing.1802.4 The complainant and the Department shall have the right to compel the attendance of any witness who may have evidence or present testimony directly related to the subject of the hearing.1802.5 The complainant and the Department shall have the right to present evidence, including reports, documents, and data, and the right to present testimony, including any expert medical, psychological or educational testimony.1802.6 A complainant shall have the right to have the hearing held not later than thirty-five (35) days after the receipt of the request for the hearing. In most cases, the hearing shall not be held in less than twenty (20) days from the receipt of the request for hearing in order to provide an opportunity for the complainant to obtain representation, if desired, and to prepare for the hearing. However, the hearing may be held sooner upon the request of the complainant.1802.7 The complainant shall have the right to receive the written decision of the hearing officer within ten (10) calendar days of the completion of the hearing, but no later than forty-five (45) calendar days after the receipt of the request, unless a hearing officer grants an extension at the request of either party.1802.8 The complainant shall have the right to have the hearing held at a location convenient to the complainant.1802.9 The complainant shall have the right to have the hearing held at a time that is reasonably convenient to the complainant. Hearings shall not be scheduled on weekends or holidays without the consent of all parties. However, hearings may be scheduled outside of normal business hours at the request of the complainant.1802.10 Any party to a hearing has the right to prohibit the introduction of any evidence at the hearing that has not been disclosed to that party at least five (5) calendar days before the hearing. In addition, any party shall have the right to receive a list of the witnesses, who will testify at the hearing, at least five (5) calendar days before the hearing.1802.11 The complainant shall have the right to receive, upon request, and at no cost, an electronic verbatim recording of the hearing.1802.12 The complainant shall have the right to examine any documents or cross-examine witnesses presented at the hearing by the Department.1802.13 Each hearing shall be closed to the public, except that the hearing officer shall open the hearing to the public on the complainant's written request.

1802.14 The complainant shall have the right to have the child who is the subject of the hearing attend all or part of the hearing.

SOURCE: Final Rulemaking published at 44 DCR 481, 482 (January 24, 1997).