| (a) The hearing officer must afford the parties an
opportunity for hearing within the timelines set forth in 34 Code
of Federal Regulations (CFR), §300.515 and §300.532, as
applicable, unless the hearing officer, at the request of either party,
grants an extension of time, except that the timelines for expedited
hearings cannot be extended.
(b) Each hearing must be conducted at a time and place
that are reasonably convenient to the parents and child involved.
(c) All persons in attendance must comport themselves
with the same dignity, courtesy, and respect required by the district
courts of the State of Texas. All argument must be made to the hearing
officer alone.
(d) Except as modified or limited by the provisions
of 34 CFR, §§300.507-300.514 or 300.532, or this division,
the Texas Rules of Civil Procedure will govern the proceedings at
the hearing and the Texas Rules of Evidence will govern evidentiary
issues.
(e) Before a document may be offered or admitted into
evidence, the document must be identified as an exhibit of the party
offering the document. All pages within the exhibit must be numbered,
and all personally identifiable information concerning any student
who is not the subject of the hearing must be redacted from the exhibit.
(f) The hearing officer may set reasonable time limits
for presenting evidence at the hearing.
(g) Upon request, the hearing officer, at his or her
discretion, may permit testimony to be received by telephone.
(h) Granting of a motion to exclude witnesses from
the hearing room will be at the hearing officer's discretion.
(i) Hearings conducted under this division must be
closed to the public, unless the parent requests that the hearing
be open.
(j) The hearing must be recorded and transcribed by
a court reporter, who will promptly prepare and transmit a transcript
of the evidence to the hearing officer with copies to each of the
parties.
(k) Filing of post-hearing briefs will be permitted
only upon order of the hearing officer.
(l) The hearing officer must issue a final decision,
signed and dated, no later than 45 calendar days after the expiration
of the 30-day resolution period under 34 CFR, §300.510(b), and §89.1183
of this title (relating to Resolution Process) or the adjusted time
periods described in 34 CFR, §300.510(c), and §89.1183 of
this title after a request for a due process hearing is received by
the Texas Education Agency (TEA), unless the deadline for a final
decision has been extended by the hearing officer as provided in §89.1186
of this title (relating to Extensions of Time). A final decision must
be in writing and must include findings of fact and conclusions of
law separately stated. Findings of fact must be based exclusively
on the evidence presented at the hearing. The final decision must
be mailed to each party by the hearing officer on the day that the
decision is issued. The hearing officer, at his or her discretion,
may render his or her decision following the conclusion of the hearing,
to be followed by written findings of fact and written decision.
(m) At the request of either party, the hearing officer
must include, in the final decision, specific findings of fact regarding
the following issues:
(1) whether the parent or the public education agency
unreasonably protracted the final resolution of the issues in controversy
in the hearing; and
(2) if the parent was represented by an attorney, whether
the parent's attorney provided the public education agency the appropriate
information in the request for a hearing in accordance with 34 CFR, §300.508(b).
(n) The decision issued by the hearing officer is final,
except that any party aggrieved by the findings and decision made
by the hearing officer, or the performance thereof by any other party,
may bring a civil action with respect to the issues presented at the
hearing in any state court of competent jurisdiction or in a district
court of the United States, as provided in 34 CFR, §300.516.
(o) A public education agency must implement any decision
of the hearing officer that is, at least in part, adverse to the public
education agency within the timeframe prescribed by the hearing officer
or, if there is no timeframe prescribed by the hearing officer, within
ten school days after the date the decision was rendered. In accordance
with 34 CFR, §300.518(d), a public education agency must implement
a hearing officer's decision during the pendency of an appeal, except
that the public education agency may withhold reimbursement for past
expenses ordered by the hearing officer.
(p) In accordance with 34 CFR, §300.152(c)(3),
a parent may file a complaint with the TEA alleging that a public
education agency has failed to implement a hearing officer's decision.
|
| Source Note: The provisions of this §89.1185 adopted to be effective March 6, 2001, 26 TexReg 1837; amended to be effective December 30, 2001, 26 TexReg 10536; amended to be effective November 16, 2003, 28 TexReg 9830; amended to be effective November 11, 2007, 32 TexReg 8129; amended to be effective November 28, 2012, 37 TexReg 9360; amended to be effective December 31, 2013, 38 TexReg 9552; amended to be effective March 1, 2017, 42 TexReg 760 |
