Pennsylvania Code › Title 22 - EDUCATION › Part I - State Board of Education › Subpart A - Miscellaneous Provisions › Chapter 14 - SPECIAL EDUCATION SERVICES AND PROGRAMS › PROCEDURAL SAFEGUARDS › Section 14.162 - Impartial due process hearing and expedited due process hearing

Current through Register Vol. 54, No. 28, July 13, 2024
(a) In addition to
					 the requirements incorporated by reference in
					 34 CFR
					 300.504 (relating to procedural safeguard
					 notice), with regard to a student who has an intellectual disability or who is
					 thought to have an intellectual disability, a notice when mailed shall be
					 issued to the parent by certified mail (addressee only, return receipt
					 requested).
(b) If parents disagree
					 with the school district's, or the early intervention agency's in the case of a
					 young child, identification, evaluation, or placement of, or the provision of a
					 free appropriate public education to the student or young child, the parent may
					 request an impartial due process hearing.
(c) A school district or early intervention
					 agency may request a hearing to proceed with an initial evaluation or a
					 reevaluation when a parent fails to respond to the district or early
					 intervention agency's proposed evaluation or reevaluation. When a parent
					 rejects the district or early intervention agency's proposed identification of
					 a child, proposed evaluation, proposed provision of a free appropriate public
					 education or proposed educational placement, other than the initial placement,
					 the school district or early intervention agency may request an impartial due
					 process hearing. If the parent fails to respond or refuses to consent to the
					 initial provision of special education services, neither due process nor
					 mediation may be used to obtain agreement or a ruling that the services may be
					 provided.
(d) The hearing for a
					 school aged child with a disability or thought to be a child with a disability
					 shall be held in the school district at a place and time reasonably convenient
					 to the parents and child involved. A hearing for an eligible young child or
					 thought to be an eligible young child shall be conducted at a place and time
					 reasonably convenient to the parents and child involved. These options shall be
					 set forth in the notice provided for requesting a hearing.
(e) The hearing shall be an oral, personal
					 hearing and shall be closed to the public unless the parents request an open
					 hearing. If the hearing is open, the decision issued in the case, and only the
					 decision, shall be available to the public. If the hearing is closed, the
					 decision shall be treated as a record of the student or young child and may not
					 be available to the public.
(f) The
					 decision of the hearing officer shall include findings of fact, discussion and
					 conclusions of law. Although technical rules of evidence will not be followed,
					 the decision shall be based solely upon the substantial evidence presented at
					 the hearing.
(g) The hearing
					 officer shall have the authority to order that additional evidence be
					 presented.
(h) A written or at the
					 option of the parents, electronic verbatim record of the hearing shall, upon
					 request, be made and provided to parents at no cost.
(i) Parents may be represented by legal
					 counsel and accompanied and advised by individuals with special knowledge or
					 training with respect to the problems of children with disabilities.
(j) A parent or parent's representative shall
					 be given access to educational records, including any tests or reports upon
					 which the proposed action is based.
(k) A party may prohibit the introduction of
					 evidence at the hearing that has not been disclosed to that party at least
					 5-business days before the hearing.
(l) A party has the right to compel the
					 attendance of and question witnesses who may have evidence upon which the
					 proposed action might be based.
(m)
					 A party has the right to present evidence and testimony, including expert
					 medical, psychological or educational testimony.
(n) A party to a hearing has the right to
					 obtain written, or, at the option of the parents, electronic findings of fact
					 and decisions.
(o) The decision of
					 the hearing officer regarding a child with a disability or thought to be a
					 child with a disability may be appealed to a court of competent jurisdiction.
					 In notifying the parties of the decision, the hearing officer shall indicate
					 the courts to which an appeal may be taken.
(p) The following applies to coordination
					 services for hearings and to hearing officers:
(1) The Secretary may contract for
					 coordination services for hearings related to a child with a disability or
					 thought to be a child with a disability. The coordination services may include
					 arrangements for stenographic services, arrangements for hearing officer
					 services (including the compensation of hearing officers), scheduling of
					 hearings and other functions in support of procedural consistency and the
					 rights of the parties to hearings. The compensation of hearing officers does
					 not cause them to become employees of the Department.
(2) A hearing officer may not be an employee
					 or agent of the school entity in which the parents or the child with a
					 disability or thought to be a child with a disability resides, or of an agency
					 that is responsible for the education or care of the child with a disability or
					 thought to be a child with a disability or by a person having a personal or
					 professional interest that would conflict with the person's objectivity in the
					 hearing. A hearing officer shall promptly inform the parties of a personal or
					 professional relationship the officer has or has had with any of the
					 parties.