Section 5-E3029. IMPARTIAL DUE PROCESS

 

3029.1A parent of a LEA child or the LEA has the right to initiate a hearing, when there is a dispute about the eligibility, identification, evaluation, educational placement, or the provision of FAPE to a child with a disability, in accordance with 20 U.S.C. § 1415 (f).

 

3029.2A request to initiate a due process hearing shall be made in writing.

 

3029.3A parent request for a due process hearing must include the following:

 

(a)The name of the child;

 

(b)The address of the residence of the child. In the case of a child who is a ward of the District of Columbia, the request shall so state, provided, that a child who is a ward of the District shall be listed "c/o Child and Family Services";

 

(c)The name of the school the child is attending;

 

(d)A description of the nature of the child's problem relating to the proposed or refused initiation or change, including facts relating to the problem; and

 

(e)A proposed resolution to the problem to the extent known and available to the parents at the time.

 

3029.4When an impartial due process hearing is requested, the SEA shall inform the parent of the availability of:

 

(a)Mediation, and

 

(b)Any free or low cost legal and other relevant services available.

 

3029.5As a part of the five-day disclosure submitted before a due process hearing, the submitting attorney must disclose any financial interest, of which he or she is aware, of any participant in the proceeding in a non-public provider or service that may be at issue in that due process hearing.

 

source

Final Rulemaking published at 50 DCR 1854 (February 28, 2003); as amended by Final Rulemaking published at 50 DCR 8810 (October 17, 2003).