Delaware Code Title 14 Sec. 3138 – Hearing rights; procedure
(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.
Terms Used In Delaware Code Title 14 Sec. 3138
- Child: means a person of 3 years of age, or an earlier age if otherwise provided in this title, until the receipt of a regular high school diploma or the end of the school year in which the person attains the age of 22, whichever occurs first. See Delaware Code Title 14 Sec. 3101
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Parent: means a biological or natural parent of a child with a disability, or, as appropriate, a stepparent, guardian, educational surrogate parent, appointed educational representative, relative caregiver or custodian. See Delaware Code Title 14 Sec. 3101
- State: means the State of Delaware; and when applied to different parts of the United States, it includes the District of Columbia and the several territories and possessions of the United States. See Delaware Code Title 1 Sec. 302
- Testimony: Evidence presented orally by witnesses during trials or before grand juries.
(b) Parents involved in hearings must be given the right to:
(1) Have the child who is the subject of the hearing present; and
(2) Open the hearing to the public.
(c) The hearing panel shall ensure that parents who have requested a hearing have been advised of the procedural safeguards provided by this subchapter.
(d) Any hearing must be conducted at a time and place which is reasonably convenient to the parents and child involved.
(e) Any testimony presented at a hearing authorized by this section shall be under oath or affirmation.
(f) Copies of all written decisions shall be provided to the Advisory Council for Exceptional Citizens after deleting any personally identifiable information.
(g) Following any disposition under this chapter which entitles a parent to attorneys’ fees under state or federal law, said parent shall also be awarded the reasonable fees of expert witnesses and the reasonable costs of any tests or evaluations necessary for the preparation of the parent’s hearings. Awards made pursuant to this section shall not be made with the use of funds previously designated for the direct provision of education or services to children. Each school district and charter school shall report annually to the Department of Education, in a form to be determined by the Department, the amount of all awards made pursuant to this subsection and the source of funds for such awards.
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;