§ 16.63. Impartial due process hearing.

 (a)  Parents may request in writing an impartial due process hearing concerning the identification, evaluation or educational placement of, or the provision of a gifted education to, a student who is gifted or who is thought to be gifted if the parents disagree with the school district’s identification, evaluation or placement of, or the provision of a gifted education to the student.

 (b)  A school district may request in writing a hearing to proceed with an initial evaluation or an initial educational placement when the district has not been able to obtain consent from the parents or in regard to a matter under subsection (a).

 (c)  The hearing shall be conducted by and held in the local school district at a place reasonably convenient to the parents. At the request of the parents, the hearing may be held in the evening. These options shall be set forth in the form provided for requesting a hearing.

 (d)  The hearing shall be an oral, personal hearing and shall be open to the public unless the parents request a closed hearing 5 days in advance of the hearing. If the hearing is open, the decision issued in the case, and only the decision, shall be available to the public. If the hearing is closed, the decision shall be treated as a record of the student and may not be available to the public.

 (e)  The decision of the hearing officer shall include findings of fact, a discussion and conclusions of law. Although technical rules of evidence will not be followed, the decision shall be based solely upon the substantial evidence presented during the course of the hearing.

 (f)  The hearing officer shall have the authority to order that additional evidence be presented.

 (g)  A written transcript of the hearing shall, upon request, be made and provided to parents at no cost.

 (h)  Parents may be represented by legal counsel and accompanied and advised by individuals with special knowledge or training with respect to students who are gifted.

 (i)  A parent or a parent’s representative shall be given access to educational records, including any tests or reports upon which the proposed action is based.

 (j)  A party may prohibit the introduction of evidence at the hearing that has not been disclosed to that party at least 5-calendar days before the hearing.

 (k)  A party has the right to present evidence and testimony, including expert medical, psychological or educational testimony.

 (l)  The decision of the impartial hearing officer may be appealed to a panel of three appellate hearing officers. The panel’s decision may be appealed further to a court of competent jurisdiction. In notifying the parties of its decision, the panel shall indicate the courts to which an appeal may be taken.

 (m)  The following applies to coordination services for hearings and to hearing officers:

   (1)  The Secretary may contract for coordination services in support of hearings conducted by local school districts. The coordination services shall be provided on behalf of school districts and may include arrangements for stenographic services, arrangements for hearing officer services, scheduling of hearings and other functions in support of procedural consistency and the rights of the parties to hearings.

   (2)  If a school district chooses not to utilize the coordination services under paragraph (1), it may conduct hearings independent of the services if its procedures similarly provide for procedural consistency and ensure the rights of the parties. In the absence of its own procedures, a school district which receives a request for an impartial due process hearing shall forward the request to the agency providing coordination services under paragraph (1) without delay.

   (3)  A hearing officer may not be an employe or agent of a school district in which the parents or student resides, or of an agency which is responsible for the education or care of the student. A hearing officer shall promptly inform the parties of a personal or professional relationship the officer has or has had with any of the parties.

 (n)  The following timeline applies to due process hearings:

   (1)  A hearing shall be held within 30-calendar days after a parent’s or school district’s initial request for a hearing.

   (2)  The hearing officer’s decision shall be issued within 45-calendar days after the parent’s or school district’s request for a hearing.

 (o)  Each school district shall keep a list of the persons who serve as hearing officers. The list shall include the qualifications of each hearing officer. School districts shall provide parents with information as to the availability of the list and shall make copies of it available upon request.

   This section cited in 22 Pa. Code §  16.31 (relating to general); 22 Pa. Code §  16.32 (relating to GIEP); 22 Pa. Code §  16.61 (relating to notice); and 22 Pa. Code §  16.62 (relating to consent).