You have the right to represent yourself at a special education due process hearing. In addition, any party to a due process hearing (including a hearing relating to disciplinary procedures) has the right to:
1. be accompanied and advised by an attorney or persons with special knowledge or training about the problems of children with disabilities;
2. be represented at the due process hearing by an attorney;
3. present evidence, question (confront), cross-examine and require the attendance of witnesses;
4. prohibit the introduction of any evidence at the hearing that had not been given to that party at least five business days before the hearing. Evaluations that have been completed by that date and recommendations from the evaluations that one intends to use at the hearing shall be given at least five business days before the hearing;
5. obtain a written, or at your option, electronic, word-for-word record of the hearing; and
6. obtain written, or at your option, electronic findings of fact and decisions.
Parental rights at hearings
You have the right to have your child at the special education due process hearing and to open the hearing to the public. You have the right to be provided with the record of the hearing at no cost. You have the right to represent yourself at a special education due process hearing.
Additional disclosure of information
The hearing officer may prevent you or the school district from giving any evidence at the hearing without the permission of the other party if you or the school district fails to meet the above timeline regarding the submission of evidence.
At least five business days prior to a due process hearing, you and the school district must disclose to each other all evaluations completed by that date and recommendations based on those evaluations that you or the school district intend to use at the hearing.
A hearing officer may prevent any party that fails to comply with this requirement from introducing the relevant evaluation or recommendation at the hearing without the consent of the other party.
This case was not handled by our firm. However, if you have any questions regarding this case, or any education matter, please contact Joseph Maya at 203-221-3100 or by email at JMaya@MayaLaw.com.