OAR 581-015-2360: Pre-Hearing Conference, Notice of Hearing and Hearing Rights

(1) Upon receipt of a written request by a parent or the school district for a hearing regarding the identification, evaluation, individualized education program, educational placement of the child or the provision of a free appropriate public education to a child, the Superintendent will: (a) Appoint an administrative law judge, in accordance with OAR 581-015-2365, to conduct the hearing. (b) Provide the parent with a copy of the Notice of Procedural Safeguards; (c) Inform the parties that mediation is available at no cost to the parents or school district; and (d) Inform the parent of any free or low-cost legal services and other relevant services. (2) Subject matter of hearing: The party requesting the due process hearing may not raise issues at the due process hearing that were not raised in the hearing request unless the other party agrees otherwise. (3) Pre-Hearing Conference: The administrative law judge will require the parties to appear in person or by telephone for a pre-hearing conference for the purpose of: (a) Identifying the issues to be resolved; (b) Establishing the length and scheduling of the hearing; (c) Deciding whether the hearing record will be a written or electronic verbatim record; (d) Reviewing the parties' hearing rights and procedures; and (e) Notifying the parties of the availability of mediation at no cost through the Department. (4) Notice of Hearing: (a) The administrative law judge will provide a notice to the parties of the hearing. The notice will be served by registered or certified mail. (b) The hearing notice will include: (A) A statement of the time and place of the hearing, the scheduling of pre-hearing exchange of documents and any other filing deadlines, and the date for issuance of the final order; (B) A statement of the authority and jurisdiction under which the hearing is to be held; (C) A reference to the particular sections of the statutes and rules involved; (D) A short and plain statement of the matters asserted or charged; (E) A statement that mediation is available to the parties at no cost from the Department; (F) A statement of hearing rights as described in subsection (3). (5) Due Process Hearing Rights: Parties to a due process hearing conducted under OAR 581-015-2360 (Notice of Hearing, Hearing Rights, and Pre-Hearing Conference) or 581-015-2400 through 581-015-2445 (Discipline for Students with Disabilities) have the following rights: (a) During the pendency of any due process hearing or judicial appeal, the child must, remain in the present educational placement unless: (A) The school district and the parent agree otherwise; (B) If applying for initial admission to a public school, the parent consents to the child's placement in a program provided or selected by the district at the district's expense until all proceedings are completed; (C) The school district orders a change in placement to an appropriate interim alternative educational setting for up to 45 school days due to a weapon, illegal drug, or controlled substance incident or for serious bodily injury; (D) The administrative law judge orders a change in placement to an appropriate interim alternative educational setting for up to 45 school days due to the substantial likelihood of injurious behavior; or (E) The school district implements a disciplinary removal to an interim alternative educational setting for a student when the student’s behavior is determined not to be a manifestation of the student’s disability. (b) Any party to a hearing has the right to: (A) Be accompanied and advised by counsel and by individuals who have special knowledge or training with respect to the problems of children with disabilities; (B) Present evidence and confront, cross-examine, and compel the attendance of witnesses; (C) Prohibit the introduction of any evidence at the hearing that has not been disclosed to that party at least 5 business days before the hearing; (D) Obtain a written or, at the option of the parents, electronic verbatim record of the hearing at no cost to the parents; and (E) Obtain a written or, at the option of the parents, electronic findings of fact and hearing decision at no cost to the parents. (c) The parent involved in a hearing has the right to: (A) Have the child present who is the subject of the hearing; and (B) Open the hearing to the public.