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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Rachel
05/09/2020 12:49 am

We requested our child’s records over two months ago, and did not receive them. We started due process and had our first meeting, at which we discovered that the LEA’s atty firm on retainer already received all of the records, and is copying and scanning them. We won’t receive them for almost another week; the atty firm will send them to us. Is this typical? It seems odd that the respondent’s attorneys are going through the records first, and that we may not, as a result, receive all of the records. So our case is tainted from the start. Is there case law or regulations regarding this practice?

Jill G
02/16/2016 6:44 pm

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”