NC 1504-1.16 Timelines and Convenience of Hearings and Reviews

Plain English summary

This regulation establishes mandatory timelines for special education due process hearings and reviews, requiring final decisions within 45 days after the resolution period for hearings and within 30 days of request for reviews. It also requires that hearings and reviews involving oral arguments be held at times and locations reasonably convenient to the parents and child, and permits hearing or reviewing officers to grant time extensions at either party's request.

Key requirements

• Not later than 45 days after the expiration of the 30-day period under NC 1504-1.11(b) or the adjusted time periods described in NC 1504-1.11(c), a final decision must be reached in the hearing and a copy of the decision mailed to each of the parties.
• Not later than 30 days after the receipt of a request for a review, a final decision must be reached in the review and a certified copy of the decision mailed to each of the parties and the attorneys of records.
• A hearing or reviewing officer may grant specific extensions of time beyond the periods set out in paragraphs (a) and (b) at the request of either party.
• Each hearing and each review involving oral arguments must be conducted at a time and place that is reasonably convenient to the parents and child involved.

Affected parties

• State Education Agency (SEA)
• parents of children with disabilities
• students with disabilities
• hearing officers
• reviewing officers
• attorneys of record

Official source

https://www.dpi.nc.gov/documents/publications/catalog/ec144-policies-governing-services/open#page=92