Delaware Code Title 14 Sec. 3135 – Administrative hearing
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(a) A parent, district or state agency may initiate a hearing concerning any right or entitlement conferred by this chapter.
Terms Used In Delaware Code Title 14 Sec. 3135
- Entitlement: A Federal program or provision of law that requires payments to any person or unit of government that meets the eligibility criteria established by law. Entitlements constitute a binding obligation on the part of the Federal Government, and eligible recipients have legal recourse if the obligation is not fulfilled. Social Security and veterans' compensation and pensions are examples of entitlement programs.
- 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
(b) A hearing is initiated by submission of a written request to the Secretary of Education.
(c) The Secretary of Education, upon receipt of a request for hearing, shall appoint a hearing panel whose membership shall meet the requirements of § 3137 of this title.
(d) The district or state agency shall inform the parent of any free or low-cost legal and other relevant services available in the area whenever:
(1) The parent requests the information; or
(2) A hearing is initiated pursuant to this section.