**Please observe the following precautions before using **
this letter to respond to a due process hearing request
1. Because of the short timelines and significance of the hearing officer selection process, districts should attempt to contact the requestor to obtain the requestor’s choices for hearing officer, and should consult with their legal counsel before sending this letter. Districts should not select a hearing officer without first consulting with counsel.
2. In response to a hearing request, certain information must be sent with this initial letter. That information can be downloaded and printed by clicking on the links below (if you are reading this from WordPerfect or Adobe, you’ll need to return to the forms menu and view the webpage containing the document which is found by clicking on the titled link in each row) That information is:
1. MDE memorandum regarding hearing officer selection Adobe Acrobat
2. Mediation Program information Adobe Acrobat
3. Hearing Officer List WordPerfect Adobe Acrobat
4. Procedural Safeguards for Parents WordPerfect Adobe Acrobat
[Date]
[Parent Name and Address]
RE: Request for Due Process Hearing--[Student]
Dear [Parents]:
Our firm has been retained to represent the [District] in certain matters relating to the provision of a free appropriate public education for your [son/daughter], [student]. This letter is to inform you that the district is requesting a due process hearing in order to obtain a hearing officer order to allow an evaluation of in order to allow special education services for [student] as outlined in the Evaluation Review and Plan proposed by the district on [date].
It is our understanding that you have received notice of your rights under both federal and state special education laws and rules (including the hearing process) and understand them. However, we enclose a copy of "Procedural Safeguards for Parents." Please review it carefully for it includes both rights of parents, as well as obligations upon parents in various situations. If you do not understand them or have questions concerning them, please contact either your advocate/attorney or one of the organizations noted below.
Under Rule 340.1724a of the Special Education Rules, the parents and the school district are to attempt to mutually agree upon a person who can serve as an impartial hearing officer. Enclosed is the current list of persons who serve as hearing officers developed by the Michigan Department of Education. Also enclosed is a copy of the Michigan Department of Education procedure on appointment of hearing officers. According to the procedures, we have seven (7) calendar days from ___________, or until ____________ to mutually agree on a hearing officer. If we do not affirmatively notify the Department of a mutually agreeable hearing officer by that time, the Department will appoint a hearing officer. Please review the list and get back to me by ___________ with the names of any individuals (they do not need to be on the Department’s list) that you would like the district to consider to serve as hearing officer. This will allow the district some time to reflect on your suggestions before the mutual agreement deadline expires. If I do not hear from you and/or we do not reach agreement during the seven day period, I will request that the Michigan Department of Education appoint a hearing officer.
We also wish to inform you that with regard to any free or low cost legal or other relevant services available in this area, as we believe you are aware, the Michigan Protection and Advocacy Service for Developmentally Disabled Citizens offers both legal and nonlegal advocacy services at no cost. Their main office is located at 106 West Allegan, Suite 300, Lansing, Michigan 48933-1706, and information concerning the services they provide can be obtained by phoning 517/487-1755 or 800/288-5923.
Additionally, the following organizations may be contacted regarding the possibility of their providing you with a nonlegal advocate:
Association for Children's Mental Health
Grand Rapids: Rosemary Allen, Co-Director (616/956-3443)
Lansing: Gail Allen, Co-Director (517/336-7222)
The ARC Michigan, Inc.
Contact: Eric Richard (1-800-292-7851)
Citizens Alliance to Uphold Special Education
Contact: Deb Isom (1-800-221-9105)
Michigan Association for Emotionally Disturbed
Children (MAEDC)
Detroit: Sam Davis (313/356-2566)
Traverse City: Mimi J. Bruder (616/946-3335)
Pursuant to 20 USC 1415(i)(3) of the Individuals with Disabilities Act (IDEA), a parent who is a "prevailing party" may be granted by a court reimbursement for reasonable attorneys fees and related costs expended as a result of a due process hearing. (See pages 14 and 15 of the enclosed Procedural Safeguards relating to "Award of Attorney Fees"). In addition, a district may make a written offer of settlement to a parent at least ten days prior to the hearing. If the parent is not substantially justified in rejecting the settlement offer, and has not obtained a more favorable result from the hearing officer, fees and costs may not be recoverable by the parent.
Please remember that during the pendency of this hearing and any subsequent proceeding, under Rule 340.1725c of the Michigan Special Education Rules unless you and the District agree otherwise, Bradley shall remain in his present educational placement.
Please be advised that mediation is also available to the parties. Mediation is a voluntary alternative dispute resolution process separate from the hearing process. (See pages 8 and 9 of enclosed Procedural Safeguards for more information about mediation). Please contact me if you are interested in mediation or any other informal dispute resolution process.
To avoid any undue delays, we would appreciate hearing from you as soon as possible regarding the selection of a hearing officer and who your advocate, if any, at the hearing will be (including his/her address and phone number). Also, if you need any further information, such as educational records, or do not understand any of our comments in this letter, please call us immediately. We await your response.
Sincerely yours,
LaPOINTE & ASSOCIATES, P.C.
[Attorney]
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