Section Ed 1123.25 - Expedited Due Process Hearings(a) An expedited due process hearing procedure shall be available for disciplinary issues in accordance with 34 CFR 300.532(b)-34 CFR 300.533, as provided in 34 CFR 300.532(c).(b) The expedited procedure shall provide a full due process hearing, but under a restricted time schedule as set out in (c) - (e) below.(c) Expedited hearings shall:(2) Be held within 20 school days after the request for hearing is filed; and(d) A decision shall be mailed to the parties within 10 days of the conclusion of the hearing.(e) The parties shall provide the hearing officer with mutually agreeable dates for the hearing, allowing for 2 days for the hearing, within 5 business days after a party has requested an expedited hearing.(f) A prehearing conference shall occur at least 2 business days before the hearing at which time the parties shall exchange witness and exhibit lists.(g) The expedited due process hearing shall meet the requirements of 34 CFR 300.512.(h) At least 2 business days prior to the hearing, each party shall disclose to all other parties all evaluations completed by that date and evidence to be offered at the hearing, and recommendations based on the offering party's evaluations that the party intends to use at the hearing. Any party to the hearing has the right to request that the hearing officer prohibit the introduction of evidence at the hearing that has not been disclosed to that party at least 2 business days before the hearing.(i) Hearings shall be held from 9:00 a.m. to 4:00 p.m.(j) The following procedures shall apply to hearings:(1) At the completion of any witness's testimony or within 2 business days of the conclusion of the hearing, any party may request an extension if the party demonstrates that additional time is necessary for a full and fair disclosure of the facts upon which the decision will be rendered;(2) The hearing officer shall respond to a request for extension within 2 business days;(3) If the hearing officer grants the request for additional time, the other party shall have 2 business days to respond;(4) The hearing officer shall have 2 business days to make a final ruling on any objection or request made in the other party's response;(5) Requests for findings of facts shall be limited to those facts necessary to support the decision;(6) Requests for rulings of law shall be limited to those central issues of law, if any, which are contested;(7) No additional written memoranda shall be filed unless requested by the hearing officer on a particular issue;(8) The hearing officer shall waive any of the procedures in this paragraph in a case, but only to the extent necessary to preserve the full and fair nature of the due process hearing;(9) The hearing officer shall render a decision, including findings of facts and rulings of law;(10) The hearing officer shall mail a written decision to the parties by certified mail within 10 days of the conclusion of the hearing;(11) There shall be no exceptions or extensions of the 45-day period; and(12) Any party aggrieved by the decision of the hearing officer may appeal the decision as provided in Ed 1123.20.N.H. Admin. Code § Ed 1123.25
(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.