Section 226.625  Rights of the Parties Related to Hearings

The hearing rights of parties shall conform to the requirements of 34 CFR 300.512 and Section 14-8.02a of the School Code [105 ILCS 5/14-8.02a].  In addition, the following requirements shall apply.

a)         The parents shall have access to the district's list of independent evaluators and may obtain an independent evaluation of their child at their own expense.

1)         If the parents believe that acquisition of a completed independent evaluation will require a delay in convening the hearing, the parents shall request such a delay as provided in Section 226.640(c) of this Part.

2)         The parents may ask the hearing officer to determine whether an independent evaluation is needed.  If the hearing officer concludes, after reviewing the available information, that an independent evaluation is necessary to inform the hearing officer concerning the services to which the student may be entitled, it shall be so ordered and provided at the school district's expense.  The hearing officer shall delay the hearing as provided for in Section 226.640(b) of this Part.

3)         This subsection (a) shall not apply to expedited hearings conducted pursuant to Section 226.655 of this Part.

b)         Either party, or any other person participating in the hearing, may request that an interpreter be available during the hearing because one of the participants is hearing impaired and/or uses a primary language other than English.  Interpreters shall be provided at the school district's expense.

(Source:  Amended at 31 Ill. Reg. 9915, effective June 28, 2007)