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10.16.3508    INITIATING SPECIAL EDUCATION DUE PROCESS

(1) A request for an impartial due process hearing involving the education or possible identification of a student with disabilities shall be made in writing to the Superintendent of Public Instruction, P.O. Box 202501, Helena, MT 59620-2501.

(2) The Superintendent of Public Instruction shall develop a model form to assist parents in filing a request for due process. The request shall include:

(a) the name of the student;

(b) the address of the residence of the student;

(c) the name of the school the student attends;

(d) a description of the nature of the problem of the student relating to the proposed or refused initiation or change, including facts relating to the problem; and

(e) a proposed resolution of the problem to the extent known and available to the parents at the time.

(3) Upon receipt, the Office of Public Instruction shall mail a copy to the other party.

History: 20-7-402, MCA; IMP, 20-7-402, MCA; NEW, 1990 MAR p. 934, Eff. 5/18/90; AMD, 1993 MAR p. 1913, Eff. 8/13/93; AMD & TRANS, 2000 MAR p. 1048, Eff. 7/1/00.

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