Delaware Statutes

§ 3138 — Hearing rights; procedure

Delaware·Title 14·Part Free Public Schools·Ch. 31 EXCEPTIONAL CHILDREN·Subch. Procedural Safeguards
(a)Any party to a hearing has the right to:
(1)Be accompanied and advised by counsel and by individuals with special knowledge or training with respect to the problems of children with disabilities;
(2)Present evidence and confront and cross-examine adverse witnesses;
(3)Compel the attendance of witnesses as authorized by § 3139 of this title;
(4)Prohibit the introduction of any evidence at the hearing that has not been disclosed to that party at least 5 business days before the hearing;
(5)Obtain a written or, at the option of the parents, electronic verbatim record of the hearing, at public expense;
(6)Obtain a written or, at the option of the parents, electronic decision which includes findings of fact and law.
(b)Parents involved in hearings must be given the right to:

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Legislative History

64 Del. Laws, c. 63, § 1 ; 71 Del. Laws, c. 180, § 157 ; 74 Del. Laws, c. 98, §§ 2-4 ; 77 Del. Laws, c. 424, § 31 ; 78 Del. Laws, c. 393, § 1

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