Current through Register Vol. 48, No. 38, September 20, 2024
The School, the parent or guardian of any student, or the
student may request an impartial due process hearing. A request for a hearing
by a parent, guardian or student shall be made in writing to the superintendent
of the School.
a) If the School makes
the request, a written request shall be sent to ISBE, attention Division of
Program Compliance, in Springfield, and at the same time a copy shall be sent
to the other party. This letter shall include the information set forth in
subsections (b)(1)(A), (C) and (D) of this Section.
b) Within 5 days after the School receives a
request for a hearing from a parent, guardian or student, the School shall:
1) Send a certified letter to the Division of
Program Compliance requesting the appointment of an impartial due process
hearing officer. This letter shall be delivered by a means that provides
written evidence of the delivery and shall include:
A) the name, address and telephone number of
the student and the parent or guardian, and of the person making the request
for the hearing, if it is someone other than the student, parent or
guardian;
B) the date on which the
request for the hearing was received by the School;
C) the nature of the controversy to be
resolved;
D) the primary language
spoken by the parents or guardian and student; and
E) a copy of the request from the parent,
guardian or student.
2)
Send to the person requesting the hearing, by certified mail or other means
providing written evidence of delivery, a copy of the letter sent to ISBE.
A) If the hearing has been requested by
someone other than the student's parents or guardians, the School shall inform
the parents or guardians by certified mail of the request and invite them to
participate in the proceedings.
B)
Copies of all correspondence pertaining to impartial due process hearings shall
be forwarded to the DHS-DRS Director, who will notify and distribute
correspondence to the appropriate administrators and units within
DHS-DRS.
