Indiana Administrative Code
Rule 45 - Complaints, Mediation, and Due Process Procedures
Section 45-3 - Due process hearing requests

Universal Citation: 511 IN Admin Code 45-3

Current through September 27, 2023

Authority: IC 20-19-2-8; IC 20-19-2-16

Affected: IC 20-19-2; IC 20-35

Sec. 3.

(a) A parent, a public agency, or the state educational agency may initiate a due process hearing that is conducted by an independent hearing officer when there is a dispute regarding any of the following:

(1) A student's identification and eligibility for services under this article.

(2) The appropriateness of the:
(A) educational evaluation; or

(B) student's proposed or current level of special education services or placement.

(3) Any other dispute involving the provision of a free appropriate public education for the student.

(b) A request for a due process hearing and for the appointment of an independent hearing officer shall:

(1) be in writing and signed;

(2) include:
(A) the student's name and address; or

(B) in the case of a homeless student as defined at 511 IAC 7-32-46, available contact information for the student;

(3) include the name of the school the student is attending;

(4) specify the reasons for the hearing request including:
(A) a description of the nature of the problem; and

(B) any facts related to the problem;

(5) include a proposed resolution of the problem to the extent known and available to the parents at the time; and

(6) be sent simultaneously to the superintendent of public instruction and the opposing party.

(c) The due process hearing request must allege a violation that occurred not more than two (2) years before the date the parent or public agency knew or should have known about the alleged action that forms the basis of the due process hearing request unless the parent was prevented from filing a due process hearing request due to:

(1) specific misrepresentations by the public agency that it had resolved the problems forming the basis of the due process hearing; or

(2) the public agency's withholding of information from the parent that was required under this article to be provided to the parent.

(d) The state superintendent of public instruction shall appoint the independent hearing officer. When a due process hearing request is received, the department of education shall send the public agency and the parent a:

(1) written notice of the name of the independent hearing officer who has been appointed; and

(2) copy of the letter requesting a due process hearing.

(e) The public agency must inform the parent of the availability of free or low cost legal and other relevant services available in the area if:

(1) the parent requests the information; or

(2) the parent or the public agency files a due process hearing request under this section.

(f) Due process timelines begin upon the opposing party's receipt of the due process hearing request.

Indiana State Board of Education; 511 IAC 7-45-3; filed Jul 14, 2008, 1:24 p.m.: 20080813-IR-511080112FRA; filed May 25, 2010, 8:19 a.m.: 20100623-IR-511090795FRA

Readopted filed 11/6/2014, 3:23 p.m.: 20141203-IR-511140382RFA

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