Your Family'S Special Education Rights – Virginia Procedural Safeguards Notice, Virginia Department Of Education, Division Of Special Education And Student Services Page 29
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44Agreement Review Period
If you and the school division enter into an agreement as a result of a resolution meeting, either
party (you or the school division) may void the agreement within 3 business days of the time that
both you and the school division signed the agreement.
I
D
P
H
MPARTIAL
UE
ROCESS
EARING
You have the right to have a due process hearing by a knowledgeable hearing
officer who is not employed by the school division or the Virginia Department
of Education. You and the school division must follow the rules and timelines
for due process hearings.
General
Whenever a request for due process is filed, you or the school division involved in the dispute
must have an opportunity for an impartial due process hearing, as described in the Request for
Due Process and Resolution Process sections.
Impartial Hearing Officer
At a minimum, a hearing officer:
1. Must not be an employee of VDOE or the school division that is involved in the
education or care of the child. However, a person is not an employee of the agency
solely because he/she is paid by the agency to serve as a hearing officer;
2. Must not have a personal or professional interest that conflicts with the hearing officer’s
objectivity in the hearing;
3.
Must be knowledgeable and understand the provisions of the IDEA, and Federal and
State regulations pertaining to the IDEA, and legal interpretations of the IDEA by Federal
and State courts; and
4. Must have the knowledge and ability to conduct hearings, and to make and write
decisions, consistent with appropriate, standard legal practice.
Each school division must keep a list of those persons who serve as hearing officers that includes
a statement of the qualifications of each hearing officer. This information is also available on
VDOE’s web site or by contacting VDOE.
Subject Matter of Due Process Hearing
The special education hearing officer has the discretionary authority to permit either party to
raise issues at the hearing that were not raised in the notice by the party requesting the hearing in
light of particular facts and circumstances of the case. In application this means that:
The party (you or the school division) that requests the due process hearing does not have an
absolute right to raise additional issues during the hearing that were not part of the request for the
hearing. The party requesting the hearing may raise additional issues at hearing only if the other
party agrees, except as follows.
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