Indiana Administrative Code
Title 511 - INDIANA STATE BOARD OF EDUCATION
Article 7 - SPECIAL EDUCATION
Rule 45 - Complaints, Mediation, and Due Process Procedures
Section 45-4 - Sufficiency of the request for a due process hearing

Universal Citation: 511 IN Admin Code 45-4

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. 4.

(a) A party may not have a hearing on the issues contained in a due process hearing request until the:

(1) party; or

(2) attorney representing the party;

files a due process hearing request that meets the requirements of section 3(b) of this rule.

(b) The due process hearing request must be deemed sufficient unless the party receiving the due process hearing request notifies the hearing officer and the other party in writing that the request does not meet the requirements set forth in section 3(b) of this rule. An allegation that the due process hearing request is insufficient must:

(1) be filed by the receiving party within fifteen (15) calendar days of receipt of the due process hearing request; and

(2) identify how the request is insufficient.

(c) Within five (5) calendar days of receipt of notification that a party believes a due process hearing request is insufficient, the independent hearing officer must:

(1) make a determination on the face of the due process hearing request of whether it meets the requirements set forth in section 3(b) of this rule; and

(2) immediately notify the parties in writing of that determination. If the hearing officer determines that the notice is not sufficient, the hearing officer's decision must identify how the notice is insufficient, so that the filing party can amend the notice if appropriate.

(d) A party may amend its due process hearing request only if the:

(1) other party:
(A) consents in writing to the amendment; and

(B) is given the opportunity to resolve the due process hearing request issues through a resolution meeting held under section 6 of this rule; or

(2) hearing officer grants permission, except that the hearing officer may only grant permission to amend at any time not later than five (5) days before the due process hearing is scheduled to begin.

(e) If a party files an amended due process hearing request, the:

(1) timelines for the resolution meeting in section 6(a) of this rule; and

(2) resolution process in section 6(i) of this rule;

begin again with the filing of the amended due process hearing request.

(f) If the due process hearing request is:

(1) determined insufficient; and

(2) not amended;

the due process hearing request may be dismissed.

Indiana State Board of Education; 511 IAC 7-45-4; filed Jul 14, 2008, 1:24 p.m.: 20080813-IR-511080112FRA

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

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