Policies and Procedures Handbook


Last Updated: 4/19/2005		 Garrett County Public Schools
40 South Second Street
Oakland, MD 21550
(301)334-8900

SPECIAL EDUCATION DUE PROCESS HEARING

Administrative Procedures

I. Reasons for a Hearing

            A Special Education hearing may be requested (in writing) by parent/guardian of the children concerning the Special Education identification, evaluation,
            educational placement or provision of a free appropriate public education for the child.

II. Initiation

            A. Upon the receipt of an application for an impartial hearing (SE 17), the superintendent of schools shall initiate a review hearing. Said hearing shall be scheduled
                within thirty (30) calendar days of the receipt of the written request.
            B. Parents/guardians shall be notified regarding the scheduled hearing within ten (10) days of the receipt of the written request. Said notification shall be written (in
                the parents'/guardians' native language) and delivered via registered mail. The notification shall include all rights guaranteed by federal and state mandates.

III. Rights in Accordance With the Hearing

            A. The parents/guardians shall have the right to inspect at reasonable times copies of all records pertaining to the student and the proposed placement.
            B. The parents/guardians shall have the right to be represented by counsel or other individuals at any stage of the hearing process.
            C. The parents/guardians shall have the right to cross-examine witnesses and also have the right to present witnesses on their own behalf.

IV. Formal Hearing Procedure

            A. The Hearing Review Officer at the scheduled time, date, and place may hear testimony from either of the parties pertaining to the issues presented. Each side
                 will be afforded reasonable time to present its findings.
             B. The proceedings will be recorded on tape or by other appropriate means. Transcripts of the proceedings may be made available to the parents/guardians at a
                reasonable cost. All requests for transcripts shall be made in writing to the superintendent of schools within thirty (30) days of the hearing.

        V. Hearing Review Officer

            A. Requirements

            1. The Hearing Review Officer shall be an individual who is knowledgeable in the areas significant to the educational review of the student and shall be selected
                from the list of ten (10) qualified hearing officers maintained by the Public Schools of Garrett County.
            2. No person may serve as a Hearing Review Officer who has participated in the previous diagnosis, evaluation, prescription of educational services or in the
                decision process to deny services.

            B. Responsibilities

            1. The Hearing Review Officer shall direct his attention only to the following areas of appeal:

                a. Identification
                b. Evaluation
                c. Educational placement
                d. Provision of a free appropriate public education

            2. The Hearing Review Officer shall have the authority to recommend modification, rejection or prescribe alternates to special education privileges.

            3. The Hearing Review Officer shall be responsible for rendering a decision within ten (10) days following the conclusion of the hearing.

            4. The superintendent of schools shall notify the parents/guardians within five (5) days of the decision rendered by the Hearing Officer. Notification shall include the
                right to appeal to the Maryland State Department of Education.

Refer to MSDE Bylaw 13A.05.01

    Application For An Impartial Hearing  Adobe Acrobat is required to view this chart.  Download free at http://www.adobe.com/products/acrobat/readstep2.html )
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