Page:United States Statutes at Large Volume 111 Part 1.djvu/115

 PUBLIC LAW 105-17—JUNE 4, 1997 111 STAT. 91 to sign a confidentiality pledge prior to the commencement of such process. "(f) IMPARTIAL DUE PROCESS HEARING.— "(1) IN GENERAL.— Whenever a complaint has been received under subsection (b)(6) or (k) of this section, the parents involved in such complaint shall have an opportunity for an impartial due process hearing, which shall be conducted by the State educational agency or by the local educational agency, as determined by State law or by the State educational agency. " (2) DISCLOSURE OF EVALUATIONS AND RECOMMENDA- TIONS.— "(A) IN GENERAL.—At least 5 business days prior to a hearing conducted pursuant to paragraph (1), each party shall disclose to all other parties all evaluations completed by that date and recommendations based on the offering party's evaluations that the party intends to use at the hearing. "(B) FAILURE TO DISCLOSE.— ^A hearing officer may bar any party that fails to comply with subparagraph (A) from introducing the relevant evaluation or recommendation at the hearing without the consent of the other party. "(3) LIMITATION ON CONDUCT OF HEARING.—^A hearing conducted pursuant to paragraph (1) may not be conducted by an employee of the State educational agency or the local educational agency involved in the education or care of the child. "(g) APPEAL.— I f the hearing required by subsection (f) is conducted by a local educational agency, any party aggrieved by the findings and decision rendered in such a hearing may appeal such findings and decision to the State educational agency. Such agency shall conduct an impartial review of such decision. The officer conducting such review shall make an independent decision upon completion of such review. "(h) SAFEGUARDS. — Any party to a hearing conducted pursuant to subsection (f) or (k), or an appeal conducted pursuant to subsection (g), shall be accorded— "(1) the right to be accompanied and advised by counsel and by individuals with special knowledge or training with respect to the problems of children with disabilities; "(2) the right to present evidence and confront, cross-examine, and compel the attendance of witnesses; "(3) the right to a written, or, at the option of the parents, electronic verbatim record of such hearing; and "(4) the right to written, or, at the option of the parents, electronic findings of fact and decisions (which findings and decisions shall be made available to the public consistent with the requirements of section 617(c) (relating to the confidentiality of data, information, and records) and shall also be transmitted to the advisory panel established pursuant to section 612(a)(21)). "(i) ADMINISTRATIVE PROCEDURES.— "(1) IN GENERAL.— "(A) DECISION MADE IN HEARING. —^A decision made in a hearing conducted pursuant to subsection (f) or (k) shall be final, except that any party involved in such hearing may appeal such decision under the provisions of subsection (g) and paragraph (2) of this subsection.

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