Section Ed 1123.02 - Sequence of an Administrative Due Process HearingThe sequence of an administrative due process hearing shall be as follows:
(a) A due process complaint shall be filed with the department and with the other party as detailed in 34 CFR 300.508 and Ed 1123.05;(b) A due process complaint shall be considered sufficient if it meets the requirements in 34 CFR 300.508.(c) The LEA and the other party receiving a due process complaint shall respond to the complaint as required in 34 CFR 300.508(e) - (f) within 10 days of receiving the due process complaint;(d) The LEA shall convene a resolution meeting with the parent or parents and with the relevant member or members of the IEP team within 15 days of receiving notice of the parents' due process complaint as required in 34 CFR 300.510. The parties shall also have the option of convening a mediation session;(e) A prehearing conference governed by Ed 1123.15 shall be held no later than 17 days after the resolution meeting or the date that the parties agree, in writing, that no agreement is possible or the date the parties waive, in writing, the resolution meeting.(f) An administrative due process hearing under Ed 1123.17 shall be held no later than 14 days after the conclusion of the prehearing conference. Except for good cause shown, an administrative due process hearing shall be limited to 2 days; and(g) A hearing officer's decision under Ed 1123.18 shall be issued no later than 45 days after the 30 day period under 34 CFR 300.510(b) or 34 CFR 300.510(c).N.H. Admin. Code § Ed 1123.02
(see Revision Note at chapter heading for Ed 1100) #9197, eff 6-28-08
Amended by Volume XXXVII Number 15, Filed April 13, 2017, Proposed by #12141, Effective 3/24/2017, Expires 3/24/2027.