Section 511IAC7-45-5. Responding to the request for a due process hearing

   (a) The party receiving the due process hearing request must, within ten (10) calendar days of receiving the due process hearing request, send to the other party a response that specifically addresses the issues raised in the due process hearing request.

  (b) If the party receiving the due process hearing request is the public agency and it has not sent written notice in accordance with 511 IAC 7-40-4(e) or 511 IAC 7-42-7 to the parent regarding the subject matter contained in the parent's due process request, the public agency must, within ten (10) calendar days of receiving the due process hearing request, send a response to the parent that includes the following:

(1) An explanation of why the public agency proposed or refused to take the action raised in the due process hearing request.

(2) A description of the following:

(A) Other options considered by the CCC and the reasons why those options were rejected.

(B) Each:

(i) evaluation;

(ii) procedure;

(iii) assessment;

(iv) record; or

(v) report;

the public agency used as the basis for proposed or refused action.

(C) Other factors that are relevant to the public agency's proposed or refused action.

  (c) A response by the public agency under subsection (b) shall not be construed to preclude the public agency from asserting, when appropriate, that the parent's due process request was insufficient under section 4 of this rule. (Indiana State Board of Education; 511 IAC 7-45-5; filed Jul 14, 2008, 1:24 p.m.: 20080813-IR-511080112FRA; readopted filed Nov 6, 2014, 3:23 p.m.: 20141203-IR-511140382RFA)