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(1.49) What rights do I have in due process?

(1.49) What rights do I have in due process?

You have many rights in due process, including the right to:

  1. Be informed of available free or low-cost legal services. [Cal. Ed. Code Sec. 56502(h).]
  2. Attend a mediation conference. [20 U.S.C. Sec. 1415(e); 34 C.F.R. Sec. 300.506; Cal. Ed. Code Secs. 56501(b)(1)(2) & 56503.]
  3. Have the hearing held at a time and place reasonably convenient to you. [34 C.F.R. Sec. 300.515; Cal. Ed. Code Sec. 56505(b).]
  4. Have the hearing conducted by an impartial hearing officer. [20 U.S.C. Sec. 1415(f)(3); 34 C.F.R. Sec. 300.511; Cal. Ed. Code Sec. 56505(c).]
  5. Be represented by an attorney. [20 U.S.C. Sec. 1415(h)(1); 34 C.F.R. Sec. 300.512(a)(1).]
  6. Present evidence and written and oral arguments; confront, cross- examine and require the attendance of witnesses; and, obtain a written or electronic record of the hearing. [20 U.S.C. Sec. 1415 (h)(2); 34 C.F.R. Sec. 300.512; Cal. Ed. Code Sec. 56505(e).]
  7. Prohibit the introduction at the hearing of any evidence which has not been disclosed at least five business days before the hearing. [20 U.S.C. Sec. 1415(f)(2)(B); 34 C.F.R. Sec. 300.512; Cal. Ed. Code Sec. 56505(e).]
  8. Obtain a written, reasoned decision containing findings of fact. The completed decision must be mailed to all parties within 45 days after the conclusion of the 30-day resolution meeting period. [34 C.F.R. Sec. 300.515(a); Cal. Ed. Code Secs. 56501.5, 56502(f) & 56505(f)(3).]

The due process hearing decision is the final administrative determination and is binding on both sides. [34 C.F.R. Sec. 300.514; Cal. Ed. Code Sec. 56505(h).] Either side may appeal the hearing decision in state or federal court if it disagrees. The appeal must be filed within 90 days of the date of receipt of the decision. [20 U.S.C. Sec. 1415(i)(2); 34 C.F.R. Sec. 300.516(b); Cal. Ed. Code Sec. 56505(k).]