W. Va. Code R. § 126-94-15

Current through Register Vol. XLI, No. 50, December 13, 2024

Section 126-94-15 - Conduct of the Hearing

15.1. The hearing required to be held by section 14.1 shall be conducted according to procedures that shall include at least the following elements:

15.1.a. the hearing shall be held within a reasonable period of time after the educational agency or institution has received the request;

15.1.b. the parent of the student or the eligible student shall be given notice of the date, place, and time reasonably in advance of the hearing;

15.1.c. the hearing may be conducted by any individual, including an official of the educational agency or institution, who does not have a direct interest in the outcome of the hearing;

15.1.d. the parents of the student or the eligible students shall be afforded a full and fair opportunity to present evidence relevant to the issues raised under section 13, and may be assisted or represented by individuals of their choice at their own expense, including an attorney;

15.1.e. the educational agency or institution shall make its decision in writing within a reasonable period of time after the conclusion of the hearing; and

15.1.f. the decision of the educational agency or institution shall be based solely upon the evidence presented at the hearing and shall include a summary of the evidence and the reason(s) for the decision.

W. Va. Code R. § 126-94-15