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10.16.3508    INITIATING SPECIAL EDUCATION DUE PROCESS

(1) A request for an impartial due process hearing involving the education or possible identification of a student with disabilities shall be made in writing to the Superintendent of Public Instruction, P.O. Box 202501, Helena, MT 59620-2501.

(2) The Superintendent of Public Instruction shall develop a model form to assist the complainant in filing a request for due process. The request shall include:

(a) the name of the student;

(b) the address of the residence of the student;

(c) the name of the school the student attends;

(d) in the case of a homeless child or youth, available contact information for the child or youth;

(e) a description of the nature of the problem of the student relating to the proposed or refused initiation or change, including facts relating to the problem; and

(f) a proposed resolution of the problem to the extent known and available to the complainant at the time.

(3) Upon receipt, the Superintendent of Public Instruction shall mail a copy to the other party.

(4) The due process request must be deemed sufficient unless the party receiving the request notifies the hearing officer and the other party in writing within 15 days of receipt of request that the receiving party believes the due process request does not meet the requirements in (2). In this event, the Superintendent of Public Instruction will implement procedures in accordance with 34 CFR 300.508(d).

History: 20-7-402, MCA; IMP, 20-7-402, MCA; NEW, 1990 MAR p. 934, Eff. 5/18/90; AMD, 1993 MAR p. 1913, Eff. 8/13/93; AMD & TRANS, 2000 MAR p. 1048, Eff. 7/1/00; AMD, 2007 MAR p. 678, Eff. 5/25/07.

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