Due Process: WE WANT A PUBLIC HEARING

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Cheryl:  We would like our Due Process Hearing to be open to the public. The District’s lawyer is saying the process is confidential and is writing a pre-hearing memo to refuse our request. Is there caselaw to support our request for an open hearing?

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Jill G

Cheryl –

There is better than case law. IDEA, itself, specifically provides parents the right to make the hearing public. §300.512(c) says,

“Parental rights at hearings. Parents involved in hearings must be given the right to…
(2) open the hearing to the public”