Compare "due process"
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- /us/cfr/t34/s§ 300.511Impartial due process hearing.
General. Whenever a due process complaint is received under § 300.507 or § 300.532, the parents or the LEA involved in the dispute must have an opportunity for an impartial due process hearing, consistent ... filing a due process complaint due to--- (1) Specific misrepresentations by the LEA that it had resolved the problem forming the basis of the due process complaint
- /us/cfr/t34/s§ 303.440Filing a due process complaint.
General. (1) A parent, EIS provider, or a lead agency may file a due process complaint on any of the matters described in § 303.421(a), relating to the identification, evaluation, or placement ... disability and his or her family under part C of the Act. (2) The due process complaint must allege a violation that occurred not more than two years before the date
- /us/cfr/t34/s§ 300.507Filing a due process complaint.
General. (1) A parent or a public agency may file a due process complaint on any of the matters described in § 300.503(a)(1) and (2) (relating to the identification, evaluation ... child with a disability, or the provision of FAPE to the child). (2) The due process complaint must allege a violation that occurred not more than two years before the date
- /us/cfr/t34/s§ 300.508Due process complaint.
either party, or the attorney representing a party, to provide to the other party a due process complaint (which must remain confidential). (2) The party filing a due process complaint must forward ... copy of the due process complaint to the SEA. (b) Content of complaint. The due process complaint required in paragraph (a)(1) of this section must include--- (1) The name
- /us/cfr/t34/s§ 303.441Due process complaint.
either party, or the attorney representing a party, to provide to the other party a due process complaint (which must remain confidential). (2) The party filing a due process complaint must forward ... copy of the due process complaint to the lead agency. (b) Content of complaint. The due process complaint required in paragraph (a)(1) of this section must include--- (1) The name
- /us/cfr/t34/s§ 303.443Impartial due process hearing.
General. Whenever a due process complaint is received consistent with § 303.440, the parents or the EIS provider involved in the dispute must have an opportunity for an impartial due process hearing, consistent ... due process complaint due to--- (1) Specific misrepresentations by the lead agency or EIS provider that it had resolved the problem forming the basis of the due process complaint
- /us/cfr/t34/s§ 303.435Appointment of an impartial due process hearing officer.
Qualifications and duties. Whenever a due process complaint is received under § 303.430(d), a due process hearing officer must be appointed to implement the complaint resolution process in this subpart. The person ... Perform the following duties: (i)(A) Listen to the presentation of relevant viewpoints about the due process complaint. (B) Examine all information relevant to the issues. (C) Seek to reach a timely
- /us/cfr/t34/s§ 303.442Resolution process.
Resolution meeting. (1) Within 15 days of receiving notice of the parent's due process complaint, and prior to the initiation of a due process hearing under § 303.443, the lead agency must ... failure of the parent filing a due process complaint to participate in the resolution meeting will delay the timelines for the resolution process and due process hearing until the meeting is held
- /us/cfr/t34/s§ 300.510Resolution process.
Resolution meeting. (1) Within 15 days of receiving notice of the parent's due process complaint, and prior to the initiation of a due process hearing under § 300.511, the LEA must convene ... failure of the parent filing a due process complaint to participate in the resolution meeting will delay the timelines for the resolution process and due process hearing until the meeting is held
- /us/cfr/t34/s§ 303.430State dispute resolution options.
written procedures for the timely administrative resolution of complaints through mediation, State complaint procedures, and due process hearing procedures, described in paragraphs (b) through (e) of this section. (b) Mediation. Each lead ... regarding any violation of this part that meet the requirements in §§ 303.432 through 303.434. (d) Due process hearing procedures. Each lead agency must adopt written due process hearing procedures to resolve complaints
- /us/cfr/t34/s§ 300.532Appeal.
substantially likely to result in injury to the child or to others. (c) Expedited due process hearing. (1) Whenever a hearing is requested under paragraph (a) of this section, the parents ... involved in the dispute must have an opportunity for an impartial due process hearing consistent with the requirements of §§ 300.507 and 300.508(a) through (c) and §§ 300.510 through 300.514, except as provided
- /us/cfr/t34/s§ 361.57Review of determinations made by designated State unit personnel.
State unit determinations that affect the provision of vocational rehabilitation services through an impartial due process hearing under paragraph (e) of this section; (ii) The right to pursue mediation under paragraph ... subsequent due process hearings or civil proceedings, and the parties to the mediation process may be required to sign a confidentiality pledge prior to the commencement of the process. (4) An agreement
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