§ 4226.100. Parental rights in due process hearings.

 (a)  Each county MH/MR program shall ensure that the parents of children referred or eligible for tracking or early intervention services are informed of the rights in subsection (b) in each due process hearing requested to resolve any of the matters in §  4226.95(a) (relating to prior notice) on behalf of an individual child.

 (b)  A parent who is a party to a due process hearing has the following rights:

   (1)  To obtain an independent MDE conducted in accordance with §  4226.61 (relating to MDE) at no cost if the parent disagrees with the results of the MDE obtained through the county MH/MR program and the hearing officer determines that the MDE is needed to assist in the resolution of the dispute.

   (2)  To be accompanied and advised by counsel and by individuals with special knowledge or training with respect to early intervention services.

   (3)  To present evidence and confront, cross-examine and compel the attendance of witnesses.

   (4)  To prohibit the introduction of any evidence at the proceeding that has not been disclosed to the parent at least 5 days before the proceeding.

   (5)  To obtain a written or electronic verbatim transcription of the proceeding.

   (6)  To obtain written findings of fact and decisions.



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