NC 1504-1.13 Hearing Rights

Plain English summary

This regulation establishes the rights of parties in NC special education due process hearings and appeals, including rights to counsel, evidence presentation, cross-examination, and witness compulsion. It requires disclosure of evaluations and recommendations at least five business days before a hearing and grants parents additional rights including having the child present, opening the hearing to the public, and receiving records at no cost. Non-attorneys are explicitly prohibited from representing a party at a due process hearing under NC law.

Key requirements

• Any party 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.
• NC law prohibits a non-attorney from representing a party at a due process hearing.
• 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 NC 1504-1.12(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) 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, and parents electing to do so should provide written notice to the Administrative Law Judge and the other party.
• 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
• Students with disabilities
• Local Education Agencies (LEAs)
• Attorneys and legal representatives
• Hearing officers and Administrative Law Judges
• Individuals with special knowledge or training regarding children with disabilities

Official source

https://www.dpi.nc.gov/documents/publications/catalog/ec144-policies-governing-services/open#page=90