Current through Register Vol. 48, No. 38, September 20, 2024
a) Within
five days of his or her appointment, the hearing officer shall set the time and
place for the hearing.
1) The hearing shall be
held at a time and place reasonably convenient for both parties involved.
However, it shall be scheduled not later than 15 days after the appointment of
the hearing officer, unless the hearing officer permits an extension of time
due to extenuating circumstances, not to exceed 15 days, unless both parties
agree.
2) If the facility and
parent cannot agree to a reasonably convenient time and place, the hearing
officer shall make such a determination and proceed to schedule the
hearing.
3) The Department shall
inform the parents, by mail, no later than 10 days prior to the hearing, that:
A) Pursuant to Section 4 of the Act, they or
their designated representative shall have an opportunity to inspect all
records regarding the recipient and to obtain copies prior to the hearing, at
their own expense.
B) They may
request an independent evaluation of the recipient prior to the hearing, at
their own expense. The hearing officer may consider this request an extenuating
circumstance and thereby authorize an extension of time for the hearing date,
not to exceed 30 days, unless both parties agree.
C) They may require the attendance at the
hearing of any facility employee or any other person who may have information
relevant to the recipient's needs and abilities. They may request the
attendance of any other persons who may have such information. They must make
all requests for attendance to the hearing officer as soon as possible but no
later than five days prior to the scheduled date of the hearing. The hearing
officer may issue subpoenaes requiring the attendance of witnesses and, at the
request of the parent of facility, shall issue subpoenaes. The hearing officer
may limit the number of witnesses whose attendance is subpoenaed or requested
by either party to not more than 10. If a party refuses to answer a subpoena or
refuses to honor a request to attend, the hearing officer shall note such in
the record and contact the Illinois State Board of Education legal department.
The hearing may be postponed for a specified period of time, as designated by
the hearing officer in order to resolve questions of attendance.
D) They may bring representatives, including
legal counsel, agency representatives, or others, to the hearings at their own
expense. These persons shall be given an opportunity to participate in the
hearing process according to the procedures established by the impartial
hearing officer. The facility shall maintain on file a list of independent
evaluation sites, legal and other relevant services available in the area, and
shall provide parents with the above information, upon request.
E) The educational status of the recipient
will not be changed, pending the completion of the due process proceedings,
unless the facility director or designee decides that such change would be
warranted due to immediate physical danger to the recipient or other persons.
In such case, the facility shall be responsible for developing and implementing
an appropriate interim educational plan. Any change in placement shall not
exceed 10 days. A facility director must request a change in placement from the
Secretary, in writing.
F) Any party
to the hearing has the right to prohibit the introduction of any evidence which
has not been disclosed to that party at least five days prior to the
hearing.
G) Either party may
request that an interpreter be made available.
b) Parents involved in such a hearing have
the right to have the recipient who is the subject of the hearing present, and
open the hearing to the public if the parents wish.
c) The hearing officer shall conduct the
hearing in a fair, impartial, and orderly manner.
1) At all stages of the hearing, the hearing
officer shall require that the facility make available interpreters for persons
who are hearing impaired or for persons whose normally spoken language is other
than English. The facility shall assume any costs for interpretation
services.
2) At all stages of the
hearing, the hearing officer shall assure that the parents are aware of and
understand their rights and responsibilities in regard to this
process.
3) The hearing officer
shall have the authority to require additional information or evidence when he
or she deems it necessary to make a complete record. The hearing officer may
recess the hearing for a specified period in order to obtain the additional
information necessary.
4) The
hearing officer may order an independent evaluation at facility
expense.
d) At any
hearing which has been requested regarding the educational placement of a
recipient, the hearing officer shall seek to establish the issues, allow the
introduction of evidence which is relevant to those issues, and derive
conclusions therefrom. These conclusions may include, but are not limited to
the following:
1) Whether the recipient has
needs which require special education intervention;
2) Whether the evaluation procedures used in
determining the recipient's needs have been appropriate in nature and
degree;
3) Whether the recipient's
diagnostic profile on which the placement recommendation was based is
substantially verified;
4) Whether
the proposed educational placement is directly related to the recipient's
needs;
5) Whether the recipient's
rights have been fully observed.
e) A hearing which has been requested
regarding any other controversy shall seek to establish the issues as perceived
by the prospective parties and the facts on which these issues depend. To that
end, the hearing officer may require from both parties to the hearing written
statements of the issues to be resolved, prior to the convening of the hearing.
Each party is entitled to a copy of the other party's statement at least five
days prior to the hearing.
f) The
facility shall present evidence that the special education needs of the
recipient have been appropriately identified and that the special education
services proposed to meet the needs of the recipient are adequate, appropriate
and available.
g) The recipient's
parents and the facility, or their respective representatives, shall have a
right to present testimony, cross-examine, and confront all witnesses at the
hearing.
h) The rules of evidence
shall not apply to the hearing process.
i) The facility shall make a record of the
hearing proceedings, either by a court reporter or by a tape recorder. The
parents have a right to obtain a written or electronic verbatim record of the
hearing and to obtain written findings of fact and decisions. Additionally, the
record of the hearing shall be part of the recipient's education record, which
is governed by the Act. The facility shall bear the cost for such
record.
j) Within 10 days after the
conclusion of the hearing, the hearing officer shall render his or her
decision, by certified mail, to the facility, the parents, and the State
Superintendent of Education and the Secretary.
1) The findings of fact and decision shall be
in English and in the language normally spoken by the parents if it is other
than English.
2) The State
Superintendent of Education shall distribute the information in a
non-personally identifiable form to the Advisory Counsel on Education of
Handicapped Children.
3) The
hearing officer's decision shall be binding upon the facility and the parent
unless such decision is appealed, pursuant to Section
108.130.
