470 Ind. Admin. Code 3.1-15-1

Current through December 4, 2024

Section 470 IAC 3.1-15-1 - Rights to an impartial hearing

Authority: IC 12-13-2-3; IC 12-13-5-3

Affected: IC 12-17-15

Sec. 1.

(a) The parents of an eligible child and a participating agency have the right to initiate an impartial hearing prior to:

(1) the proposal, or refusal, to initiate or change the:

(A) identification;

(B) evaluation; or

(C) placement; of a child; or

(2) the provision of early intervention services to a child or the child's family.

(b) A request for a due process hearing and the appointment of an independent hearing officer shall:

(1) be in writing and signed;

(2) be filed simultaneously with the other parties, and their agents, and the division; and

(3) specify the reasons for the hearing request.

(c) Any impartial hearing conducted in accordance with this rule shall be conducted by the impartial hearing officer.

(d) All participating agencies shall inform a parent of any free or low cost legal and other relevant services available if:

(1) the parent requests the information; or

(2) the parent or participating agency initiates a hearing in accordance with this rule.

470 IAC 3.1-15-1

Division of Family Resources; 470 IAC 3.1-15-1; filed Jan 29, 1996, 5:15 p.m.: 19 IR 1351; filed Mar 9, 1999, 2:05 p.m.: 22 IR 2270; readopted filed Jul 12, 2001, 1:40 p.m.: 24 IR 4235; readopted filed Oct 24, 2007, 11:25 a.m.: 20071121-IR-470070448RFA; readopted filed Aug 23, 2013, 3:36 p.m.: 20130918-IR-470130306RFA

Readopted filed 11/13/2019, 11:56 a.m.: 20191211-IR-470190490RFA