Your Family'S Special Education Rights – Virginia Procedural Safeguards Notice, Virginia Department Of Education, Division Of Special Education And Student Services Page 30
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44If the other party will not agree to the additional issues being heard, the party requesting the
hearing must initiate another request for a due process hearing to be heard separately on the
additional issues.
In the event that the party requesting the hearing requests the hearing officer to include
additional issues in response to facts, issues or arguments raised by the other party, then the
hearing officer has the discretionary authority to permit the additional issues to be raised at the
hearing, even if the other party does not agree.
H
R
EARING
IGHTS
You have certain rights during due process hearings, including the right to
have access, before the hearing, to all of the evidence that the school will use
during the hearing, to have a lawyer or other persons helping you, to have a
record of the hearing at no cost, and to have the hearing open to the public.
General
Any party to a due process hearing (including a hearing relating to disciplinary procedures) has
the right to:
1. Be accompanied and advised by a lawyer and/or persons with special knowledge or
training regarding the problems of children with disabilities;
2. Present evidence and confront, cross-examine, and require the attendance of witnesses;
3. Request that the hearing officer 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;
4. Obtain a written, or, at your option, electronic, word-for-word record of the hearing; and
5. Obtain written, or, at your option, electronic findings of fact and decisions.
Additional Disclosure of Information
At least 5 business days prior to a due process hearing, you and the school division must disclose
to each other all evaluations completed by that date and recommendations based on those
evaluations that you or the school division intend to use at the hearing.
A hearing officer may prevent any party that fails to comply with this requirement from
introducing the relevant evaluation or recommendation at the hearing without the consent of the
other party.
Parental Rights at Hearings
You must be given the right to:
1. Have your child present;
2. Open the hearing to the public; and
3. Have the record of the hearing, the findings of fact and decisions provided to you at no
cost.
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