D.C. Mun. Regs. tit. 5, r. 5-A3049

Current through Register Vol. 71, No. 43, October 25, 2024

Rule 5-A3049 - IMPARTIAL DUE PROCESS

3049.1

A parent of a child with a disability or a public agency, including an LEA, has the right to initiate a due process hearing when there is a dispute about any matter related to the identification, evaluation, eligibility, educational placement, or provision of FAPE to the child.

3049.2

A request by a parent to initiate a due process hearing shall be made in writing and include:

(a) The name of the child;

(b) The address of the residence of the child;

(c) The name of the parent initiating the hearing;

(d) The address of the parent initiating the hearing;

(e) The name of the LEA in which the child is enrolled and the name of the LEA or public agency against which the complaint is being filed, if different;

(f) The name of the school the child is attending;

(g) The name of the school against which the complaint is being filed;

(h) A description of the nature of the dispute, including facts relating to the dispute; and

(i) A proposed resolution to the dispute to the extent known and available to the parent at the time.

3049.3

A request by a public agency or LEA to initiate a due process hearing shall be made in writing and include:

(a) The name of the child;

(b) The address of the residence of the child;

(c) The name of the school the child is attending;

(d) The name of the LEA or public agency initiating the hearing;

(e) The name of the LEA or public agency official filing the request on behalf of the LEA or public agency;

(f) The name of the parent against which the complaint is being filed;

(g) The address of the residence of the parent, if different from (b);

(h) A description of the nature of the dispute, including facts relating to the dispute; and

(i) A proposed resolution to the dispute to the extent known and available to the LEA or public agency at the time.

3049.4

When an impartial due process hearing is requested, the SEA shall inform the parent in writing of the availability of mediation and any free or low cost legal services and other relevant services available. As a part of the five (5) day disclosure submitted before a due process hearing, the submitting attorney shall disclose any financial interest, of which he or she is aware, of any participant in the proceeding in a nonpublic provider or service that may be at issue in that due process hearing.

3049.5

For the purpose of this section, financial interest includes, but is not limited to, any financial arrangement with a nonpublic school or program or private provider including an ownership interest, provision of services at a discount, or contingent payment agreements based on referrals or the outcome of the due process hearing. Financial interest does not include reasonable expert witness fees under District of Columbia law and this chapter.

D.C. Mun. Regs. tit. 5, r. 5-A3049

Final Rulemaking published at 69 DCR 5902 7/1/2022