Page 27 - Procedural_Safeguards_PartCregs

• Prohibit the introduction of any evidence at the due process
hearing that has not been disclosed to the parent at least five
days before the hearing; and
• Obtain written or electronic verbatim transcription of the
proceeding and obtain written findings of fact and decisions at
no cost to the parent.

Due process hearings are conducted at a time and place that is
reasonably convenient to the parents. During the proceeding, the
child will continue to receive appropriate early intervention ser-
vices currently provided unless parent and public agency other-
wise agree. If a
complaint involves application for initial services, the child receives
those services that are not in dispute.

Due process hearing proceedings are completed and a written
decision is mailed to each party within 30 days after the receipt of
a parent’s complaint.

A hearing officer may grant specific extensions of time beyond the
30 day period at the request of either party. The provider or in-
volved
agency is bound by the decision of the impartial decision-maker
and is required to implement the decision unless it is reversed in a
court of law. Any party aggrieved by the findings and decision is-
sued pursuant to a due process complaint has the right to bring a
civil action in state and federal court. WVBTT shall bear the cost
of the due process hearing meeting except for the cost of any legal
or other representation that the family or other party may choose
to have present.

NOTICE OF USE OF
PUBLIC INSURANCE

DHHR has a policy in
place to provide at no cost
to an
eligible child’s family Part
C services identified on a
child’s IFSP as needed to
meet the identified child or
family outcomes, in
accordance with Part C of
the IDEA. In order to pro-
vide these services to eligi-
ble
children and families, DHHR as the lead agency for
administering Part C of IDEA assures the identification and coordi-
nation of all available resources within the State including the pay-
er of last resort and fiscal responsibility requirements. As such, the
DHHR utilizes public insurance as an available resource for fund-
ing the Part C/WVBTT program, with assurance that such use of
public insurance will not result in a cost for the family.

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