Page 26 - Procedural_Safeguards_PartCregs

The request must be submitted by the parent or the parent’s
attorney and must include the name and address of the child,
name of the parent submitting the request, description of the facts
related to the problem and proposed ways to resolve the problem
if known.

When a hearing is requested by the parent, WVBTT will inform the
parent of the right to mediation and of any free or low cost legal
services available to the parent.

A parent requesting an impartial due process hearing or a person
making a request for an impartial due process hearing on a
parent’s behalf should inform the CQI Coordinator if the parent is
to be represented at the impartial due process hearing, no later
than five days after the request of the hearing to the CQI
Coordinator. However, failure to inform the CQI Coordinator will
not preclude the parent from receiving representation from
counsel.

WVBTT/Office of Maternal, Child and Family Health will be
responsible for assigning an impartial hearing officer. The hearing
officer assigned must have knowledge about the provision of Part
C and about the needs of and services available for eligible
children and their families. The hearing officer will perform the
following duties:

• Listen to the presentation of relevant viewpoints about the
complaint, examine all information relevant to the issues,
and seek to reach a timely resolution of the complaint; and
• Provide a record of the proceedings including a written
decision.

The impartial person may not be an employee of any agency
involved in the provision of early intervention services or care of
the child or child’s family. The impartial person may not have a
personal or professional interest conflicting with his/her objectivity
in the complaint resolution process. A person who otherwise
qualifies as above is not an employee of an agency solely
because the person is paid by the agency to implement the due
process procedures or medication procedures of WVBTT.

Parties involved in administrative hearings/due process
proceedings have the right to:

• Be accompanied and advised by counsel and by
individuals with special knowledge or training with respect
to early intervention services for children eligible under
Part C of IDEA;
• Present evidence and confront, cross-examine, and
compel the
attendance of witnesses;

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