§ 300.512 Hearing rights.

Plain English summary

This section establishes the rights of all parties to due process hearings and appeals under IDEA, including the right to counsel, to present and challenge evidence, and to receive verbatim records and written decisions. It requires pre-hearing disclosure of evaluations and recommendations at least five business days before the hearing, with a hearing officer empowered to bar undisclosed evidence. Parents are granted additional rights including having the child present, opening the hearing to the public, and receiving hearing records at no cost.

Key requirements

• Any party to a hearing has the right to be accompanied and advised by counsel and by individuals with special knowledge or training with respect to the problems of children with disabilities, except that whether parties have the right to be represented by non-attorneys at due process hearings is determined under State law.
• Any party has the right to present evidence and confront, cross-examine, and compel the attendance of witnesses.
• Any party has the right to prohibit the introduction of any evidence at the hearing that has not been disclosed to that party at least five business days before the hearing.
• Any party has the right to obtain a written, or, at the option of the parents, electronic, verbatim record of the hearing.
• Any party has the right to obtain written, or, at the option of the parents, electronic findings of fact and decisions.
• At least five business days prior to a hearing conducted pursuant to § 300.511(a), each party must disclose to all other parties all evaluations completed by that date and recommendations based on the offering party's evaluations that the party intends to use at the hearing.
• A hearing officer may bar any party that fails to comply with paragraph (b)(1) of this section from introducing the relevant evaluation or recommendation at the hearing without the consent of the other party.
• Parents must be given the right to have the child who is the subject of the hearing present.
• Parents must be given the right to open the hearing to the public.
• Parents must be given the right to have the record of the hearing and the findings of fact and decisions provided at no cost to parents.

Affected parties

• parents of children with disabilities
• local educational agencies (LEAs)
• hearing officers
• parties to due process hearings
• parties to appeals under § 300.514
• children with disabilities

Official source

https://www.ecfr.gov/current/title-34/part-300/section-300.512