The education agency must decide whether to amend the records as requested or refuse to do so and in turn inform the parents of their right to a due process hearing. School officials may request a hearing if parents refuse or fail to consent for preplacement evaluation or initial placement. Schools must provide information parents about available free or low-cost legal services when a due process hearing is initiated. Parents' have the right to have their child present at the hearing and to open the hearing to the public should they so desire. The final decision must be reached and a copy mailed to all parties within 45 days of the request.
Hearings are to be conducted by an impartial hearing officer.
This person cannot be an employee of the agency involved in the education of the child or someone who may have conflicting interests. Schools must keep a list of qualified people who serve as hearing officers. While hearing and appeal procedures are in process, the student should remain in his or her existing program. In the case of an initial placement the school must serve the student until a decision is reached. This appeal will go to the state education agency, which will review the hearing to determine that all procedures were consistent with due process requirements.