Determination without Hearing

DoD/DoD Dependents Schools (DoDDS) Directives Pertaining To Minor
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Regional Director, with a copy to the parents, the school principal, and the Director of DoDDs.

b. The Regional Director shall forward a copy of the hearing Officer's findings of fact

and decision, with all personally identifiable information deleted, to the National Advisory Panel.

c. The hearing officer shall have the authority to impose financial responsibility for

educational placements, evaluation, and related services under his or her findings of fact and

decision.

d. The findings of fact and decision of the hearing officer shall become final unless a

notice of appeal is filed under subsection F.1., below. DoDDS shall implement a decision as soon

as practicable after it becomes final.

DETERMINATION WITHOUT HEARING

1. At the request of a parent of the handicapped child whose education is at issue, the

requirement for a hearing may be waived, an the case may be submitted to the hearing officer on

written documents filed by the parties. The hearing officer shall make findings of fact and issue a

decision within the period fixed by paragraph D.1.n., above.

2. DoDDS may oppose a request to waive the hearing. In that event, the hearing officer

shall rule on the request.

3. Documents submitted to the hearing officer in a case determined without a hearing shall

comply with paragraph D.1.g., above. A party submitting such documents shall provide copies to

all other parties.

APPEAL

1. A party may appeal the hearing officer's findings of face and decision by filing a written

notice of appeal with the ADS(MRA&L), or designee, within 5 calendar days of receipt of the

findings of fact and decision. The notice of appeal must contain the appellant's certification that a

copy of the notice of appeal has been provided to all other parties. Filing is complete upon mailing.