511 IAC 7-45-5 - Responding to the request for a due process hearing

Authority: IC 20-19-2-8; IC 20-19-2-16

Affected: IC 20-19-2; IC 20-35

Sec. 5.

(a) The party receiving the due process hearing request must, within ten (10) calendar days of receiving the due process hearing request, send to the other party a response that specifically addresses the issues raised in the due process hearing request.

(b) If the party receiving the due process hearing request is the public agency and it has not sent written notice in accordance with 511 IAC 7-40-4(e) or 511 IAC 7-42-7 to the parent regarding the subject matter contained in the parent's due process request, the public agency must, within ten (10) calendar days of receiving the due process hearing request, send a response to the parent that includes the following:

(1) An explanation of why the public agency proposed or refused to take the action raised in the due process hearing request.

(2) A description of the following:

(A) Other options considered by the CCC and the reasons why those options were rejected.

(B) Each:

(i) evaluation procedure;

(ii) assessment;

(iii) record; or

(iv) report; the public agency used as the basis for proposed or refused action.

(C) Other factors that are relevant to the public agency's proposed or refused action.

(c) If the party receiving the due process hearing request is the public agency, it shall provide the parent and the hearing officer with a copy of every IEP developed and report of every educational evaluation conducted by the public agency during the two (2) years immediately preceding the filing of the hearing request. If the public agency did not conduct an educational evaluation within the two (2) year period, it shall provide a copy of the report from the most recent educational evaluation conducted regardless of the time period.

(d) A response by the public agency under subsection (b) shall not be construed to preclude the public agency from asserting, when appropriate, that the parent's due process request was insufficient under section 4 of this rule.

Notes

511 IAC 7-45-5

Indiana State Board of Education; 511 IAC 7-45-5; filed Jul 14, 2008, 1:24 p.m.: 20080813-IR-511080112FRA Readopted filed 11/6/2014, 3:23 p.m.: 20141203-IR-511140382RFA Filed 3/18/2019, 2:33 p.m.: 20190417-IR-511180153FRA Filed 3/4/2024, 10:02 a.m.: 20240403-IR-511230504FRA