Section 5-E3031. HEARING RIGHTS

 

3031.1A party to a due process hearing has the right to:

 

(a)Be accompanied and advised by counsel and by individuals with special knowledge or training with respect to the problems of children with disabilities;

 

(b)Present evidence and confront, cross-examine, and compel the attendance of witnesses;

 

(c)Prohibit the introduction of any evidence at the hearing that has not been disclosed to all parties at least five business days before the hearing;

 

(d)Obtain a written, or, at the option of the parents, electronic verbatim record of the hearing, at no cost to the parents; and

 

(e)Obtain written or, at the option of the parent, electronic findings of fact and decisions at no cost to the parents.

 

3031.2At least five business days prior to the hearing, each party shall disclose to all other parties all evaluations completed by that date and recommendations based on the offering party's evaluations that the party intends to use at the hearing.

 

3031.3A hearing officer may bar any party that fails to comply with this provision from introducing the relevant evaluation or recommendation at the hearing without the consent of the other party.

 

3031.4A parent has the right to:

 

(a)Have the child who is the subject of the hearing present; and

 

(b)Open the hearing to the public.

 

3031.5A party aggrieved by the findings and decision of a due process hearing may bring a civil action in any court of competent jurisdiction in accordance with 20 U.S.C. § 1415(I)(2).

 

source

Final Rulemaking published at 50 DCR 1854 (February 28, 2003).