Dec 17, 81
1342.12 (Encl 4)
HEARING PROCEDURES
A.
PURPOSE
This enclosure establishes adjudicative requirements whereby the parents of handicapped
children and DoDDs are afforded impartial due process hearings with respect to the identification,
evaluation, and educational placement of, and the free appropriate public education provided to,
such children by the Department of Defense, in accordance with P.L. 94-142 (reference (a)) and
P.L. 95-561 (reference (b)).
B.
ADMINISTRATION
1. The DoDDS Regional Director with responsibility for the handicapped child whose
education is at issue shall be responsible for the hearings conducted under this Instruction.
2. This Instruction shall be administered to ensure that the findings, judgments,and
determinations made are prompt, fair, and impartial.
3. Impartial hearing officers shall be appointed by the ASD(MRA&L), or designee, and
shall be attorneys who are independent of DoDDS and members in good standing of the bar of any
state, the District of Columbia, or a territory or possession of the United States.
4. Counsel normally shall appear and represent DoDDS in proceedings conducted under
this Instruction. A parent shall have the right to be represented in such proceedings at no
cost to the government by counsel or a personal representative.
C.
MEDIATION
1. Mediation can be initiated by either a parent or DoDDS in order to resolve informally a
disagreement with respect to the identification, evaluation, or educational placement of, or the free
appropriate public education provided to, a child. Mediation shall consist of but not be limited to
an informal discussion of the differences between the parties in an effort to resolve those
differences. The parents and the appropriate school officials may attend mediation sessions.
2. Mediation must be conducted, attempted, or refused in writing by a parent of the
handicapped child whose education is at issue before a request for, or initiation of, a hearing
authorized by this Instruction. Any request by DoDDs for a hearing under this Instruction shall
state how this requirement has been satisfied. No stigma may be attached to the
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