HAR §8-61-9. Impartial due process hearing

(a) Within the time specified in state law, a parent may initiate an impartial hearing regarding the department’s proposal or refusal to initiate or change the identification, evaluation, or educational placement of a student with a disability, or the provision of a free appropriate public education to the student. (b) All requests for an impartial due process hearing shall be filed in writing with the complex area superintendent of the student’s complex of enrollment. (c) Upon receipt of a request for a due process hearing, the department shall: (1) Notify the parties of the receipt of the contact information for the impartial hearing officer; (2) Inform the parent of the availability of alternative dispute resolution, including mediation; and (3) Inform the parent of the availability of an interpreter, if requested. (d) The department shall be responsible for the conduct of the hearing described in subsection (a). [Eff 8/20/09] (Auth: HRS §302A-1112) (Imp: HRS §302A-1112; 29 U.S.C. §794; 34 C.F.R. §104.36)