Md. Code Regs. 13A.08.02.16

Current through Register Vol. 51, No. 24, December 2, 2024

Section 13A.08.02.16 - Conduct of the Hearing

A. The hearing required to be held by Regulation .15 of this chapter shall be conducted according to procedures which shall include at least the following elements:

(1) The hearing shall be held within a reasonable period of time after the local school system or educational institution has received the request, and the parent or guardian of the student or the eligible student shall be given notice of the date, place, and time reasonably in advance of the hearing;

(2) The hearing may be conducted by any party, including an official of the local school system or educational institution, who does not have a direct interest in the outcome of the hearing;

(3) The parent or guardian of the student or the eligible student shall be afforded a full and fair opportunity to present evidence relevant to the issues raised under this chapter, and may be assisted or represented by individuals of his or her choice at his or her own expense, including an attorney;

(4) The local school system or educational institution shall make its decision in writing within a reasonable period of time after the conclusion of the hearing; and

(5) The decision of the local school system or educational institution shall be based solely upon the evidence presented at the hearing and shall include a summary of the evidence and the reasons for the decision.

B. If the decision rendered by the local school administrator is not acceptable to the parent, guardian, or eligible student, appeal can be made according to local procedures.

Md. Code Regs. 13A.08.02.16

Regulations .16 adopted effective September 7, 1998 (25:18 Md. R. 1436)