72-972a. Due process hearing, initiation of; complaint notice; response to notice.
72-972a
72-972a. Due process hearing, initiation of;complaint notice; response to notice.(a) (1) Subject to the requirements in this section, theparent ofan exceptional child or the agency responsible for providing services to thechild may initiate a due process hearing regarding any problem arising inregard to any matter governed by this act, if:
(A) The problem about which complaint is madeoccurred not more than two yearsbefore the filing of the complaint and the party filing the complaint knew orshouldhave known about the alleged action that forms the basis of the complaint;
(B) the party filing the complaint or the attorney for that party provides tothe otherparty and to the department, a written due process complaint notice that shallremain confidential and include the following information:
(i) the name of the child, the address of the residence of the child (or inthe case of ahomeless child or youth, available contact information for the child), and thename ofthe school the child is attending;
(ii) a description of the nature of theproblem and the facts that form the basis of thecomplaint; and
(iii) a proposed resolution of the problem.
(2) A parent or an agency shall not be entitled to a due process hearinguntil theparent or agency, or their attorney, files a notice that meets the requirementsof thissubsection.
(b) (1) Any due process complaint notice filed by a parent shall be deemedto betimely even if presented more than two years after the occurrence of the factsgivingrise to the complaint, if:
(A) The agency made specific misrepresentations that it had resolved theproblemforming the basis of the complaint; or
(B) the agency withheld information from the parent that is required to begiven tothe parent under this act.
(2) The due process complaint notice required by subsection (a) shall bedeemedto be sufficient unless the party receiving the notice notifies the hearingofficer andthe other party, in writing, within 15 days of receiving the complaint, thatthereceiving party believes the notice does not meet the requirements.
(3) Within five days of receipt of the notification provided under subsection(a), thehearing officer shall make a determination of whether the notification meetstherequirements of subsection (b)(2) and shall immediately notify the parties, inwriting, ofsuch determination.
(c) (1) If the complaint is filed by a parent and the agency has not sent apriorwritten notice to the parent regarding the problem described in the parent'sdueprocess complaint notice, the agency, within 10 days of receiving thecomplaint,shall send to the parent a response that includes:
(A) An explanation of why the agency proposed or refused to take the actionraised in the complaint, or an appropriate reply if the problem does notaddressproposed or refused action by the agency;
(B) a description of other options that the IEP team considered and thereasonswhy those options were rejected;
(C) a description of each evaluationprocedure, assessment, record or report the agency used as the basis for anyaction ithas proposed or refused; and
(D) a description of the factors thatare relevant to the agency's proposal orrefusal, or in reply to the complaint.
(2) The fact an agency gives notice to a parent pursuant to paragraph (1)shallnot preclude such agency from asserting that the parent's due process complaintnotice is insufficient.
(d) The non-complaining party, within 10days of receiving the complaint, shallsend to the complaining party a response that specifically addresses the issuesraised in the complaint.
(e) (1) A party may amend its due process complaint notice only if:
(A) The other party consents in writing to such amendment and is given theopportunity to resolve the complaint through a meeting held pursuant to K.S.A.72-973, and amendments thereto; or
(B) the hearing officer grants permission, except that such permission shallbegranted not less than five days before a due process hearing occurs.
(2) The applicable timeline for a due process hearing shall recommence at thetime the party files an amended notice, including the timeline for resolutionof thecomplaint.
(f) (1) Nothing in this section shall be construed to preclude a parent oran agencyfrom filing a separate due process complaint on an issue different from issuespresented in a due process complaint already filed.
(2) Upon motion of either party and ifdeemed appropriate by the due processhearing officer presiding in the initial hearing, the issues raised in theseparatecomplaints may be considered and resolved in the same due process hearing.
History: L. 2005, ch. 171, § 8; July 1.