Family Rights: Due Process Hearings

Hearing officers must:

Have knowledge about the provisions of Part C of the IDEA and the needs of, and EI services available for, children and their families; and

Perform the following duties:

• Listen to the presentation of relevant viewpoints about the due process complaint, examine all information relevant to the issues, and seek to reach a timely resolution of the due process complaint.

• Provide a record of the proceedings at the cost of the EI Colorado Program at the CDEC, including a written decision (hearing only).

You have the rights listed below in any due process hearing carried out under this section:

• To be accompanied and advised by a lawyer (at your expense) and/or by individuals with special knowledge or training about EI services for children;

• To present evidence and confront, cross-examine, and compel the attendance of witnesses;

• To prohibit the introduction of any evidence at the hearing that has not been disclosed to you at least five (5) calendar days before the hearing;

• To obtain a written or electronic verbatim (word-by-word) transcription of the proceeding at no cost to you; and

• To obtain written findings of fact and decisions at no cost to you

The due process hearing described in this section must be carried out at a time and place that is reasonably convenient to you.

Any party not satisfied with the findings and decision of the impartial due process hearing has the right to bring a civil action in state or federal court. During the time period (pendency) of any proceeding involving a parent or EI service provider complaint, unless the local EI program, EI evaluation entity, or EI service provider participating in the EI Colorado Program and you otherwise agree, your child and family will continue to receive the appropriate EI services in the setting identified on the IFSP to which you have consented.

If the complaint between you and the local EI program, EI evaluation entity, or EI service provider involves the implementation of initial EI services, your child and family must be provided those services that are not in dispute.