refusal of a parent to mediate or to an unsuccessful attempt to mediate.
D.
PRACTICE AND PROCEDURE
1. Hearing
a. Should mediation be refused or otherwise fail to resolve the issues concerning the
provision of a free appropriate public education to a handicapped child or the identification,
evaluation, or educational placement of the child, the child's parent or the school principal having
jurisdiction over the child may request and shall receive a hearing before a hearing officer to
resolve the matter. The parents of a handicapped child whose education is at issue and DoDDS
shall be the only parties to a hearing conducted under this Instruction.
b. The party seeking the hearing shall submit a written request, in the form of a petition,
setting forth the facts, issues, and proposed relief, to the DoDDS Regional Director who has
responsibility for the handicapped child. The petitioner shall deliver a copy of the petition to the
opposing party (that is, the parent or, on behalf of DoDDS, the school principal), either in person or
by first-class mail, postage prepaid. Delivery is complete upon mailing when DoDDS petitions for
a hearing, it shall inform the other parties of the deadline for filing an answer under paragraph
D.1.C., below, and shall provide the other parties with a copy of this Instruction.
c. An opposing party shall submit an answer to the petition to the appropriate Regional
Director, with a copy to the petitioner, within 15 calendar days of receipt of the petition. The
answer shall be as full and complete as possible, addressing the issues, facts, and proposed relief.
d. Within 10 calendar days after receiving the petition, the Regional Director shall
obtain the assignment of a hearing officer, who then shall have jurisdiction over the resulting
proceeding. The Regional Director promptly shall forward all pleadings to the hearing officer.
e. The questions for adjudication shall be based on the petition and the answer,
provided that a party may amend a pleading if the amendment is filed with the hearing officer and
is received by the other parties at least 5 calendar days before the hearing.
f. The Regional Director shall arrange for the time and place of the hearing, and shall
provide administrative support. Such arrangements shall be reasonably convenient to the parties.
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