Mississippi Administrative Code › Title 7 - Education K-12 › Part 3 - Board Policies › Chapter 74 - Special Education › Rule 7-3-74.4 - Hearing Procedures, IDEA

Current through June 25, 2024
1. In the event of
				funds being withheld in accordance with the regulations in the State Plan under
				Part B of the Individuals with Disabilities Education Act (IDEA) and state
				regulations regarding students with disabilities, the State Department of
				Education will give notice to the appropriate school official (district
				superintendent, agency head, or director of private school) by certified mail
				which shall include notification of the right to request a hearing.
2. Within five (5) calendar days after
				receipt of the notice, the applicant may apply in writing to the Mississippi
				Department of Education for a hearing before a hearing officer with knowledge
				of special education federal and state regulations. The hearing officer will be
				designated by the Mississippi State Board of Education pursuant to Mississippi
				Code Ann. Section
				37-1-5.
3. The hearing officer shall
				notify the appropriate school official of the time, place, and date of the
				hearing. The date shall be not less than five (5) calendar days from the
				receipt of the request for a hearing.
4. It shall be the responsibility of each
				party to secure the attendance of its witnesses, if any, and any expenses
				attendant thereto shall be borne by the party calling that witness. Two copies
				of any written evidence will be submitted: one copy for the hearing officer and
				one for the opposing party. Evidence submitted by the school official will be
				labeled P-1, P-2, etc. Evidence submitted by the department will be labeled
				D-1, D-2, etc. Evidence may be stipulated and entered as S-1, S-2, etc.
5. The hearing officer shall
				require that all witnesses be sworn before offering testimony. The hearing
				officer shall not be bound by the Common Law or statutory rules of evidence or
				by formal or technical rules of procedure and may conduct reasonable
				questioning of any witnesses. The hearing officer may limit the examination or
				cross-examination of any witnesses to keep the hearing focused on the issue of
				withholding of funds and may recess/reconvene the hearing if necessary.
6. The Department of Education
				shall make a record of the proceedings to include all documents introduced into
				evidence which shall be available for cost upon the written request of the
				applicant.
7. Within fifteen (15)
				working days of the conclusion of the hearing, the hearing officer shall make a
				recommendation in the following format: (1) purpose of the hearing, (2) summary
				of evidence presented, and (3) conclusions and recommendations, a copy of which
				shall be sent to the parties by certified mail.
8. The completed record along with the
				hearing officer's recommendation shall be certified to the State Board of
				Education which shall at its next regularly scheduled meeting consider only the
				record and shall not consider any evidence or material not included within the
				record in reaching its final determination.
9. If the State Board of Education shall
				affirm the Department's actions of withholding of Part B and 89-313 funds, the
				State Board of Education shall make its written findings and issue its order
				and notice shall be given the school official by certified mail. The decision
				of the State Board of Education is final.
Miss. Code Ann. §
										37-1-3
				  (Revised 9/1990)