13A.05.02.06

.06 Department Procedural Safeguards.

A. The Department shall establish and maintain procedures to ensure that students with disabilities and their parents are guaranteed procedural safeguards with respect to the provisions of FAPE consistent with 34 CFR §§300.500—300.537 and Education Article, §§8-407 and 8-412—8-413, Annotated Code of Maryland.

B. Mediation.

(1) The Department shall maintain a list of qualified mediators who are knowledgeable in laws and regulations relating to the provision of special education and related services.

(2) The Department shall bear the cost of the mediation process.

C. Impartial Due Process Hearing. The Office of Administrative Hearings shall ensure the appointment of an individual to serve as the impartial hearing officer to conduct a due process hearing in accordance with 20 U.S.C. §1415(f), 34 CFR §300.511, State Government Article, Title 10, Subtitle 2, and Education Article, §8-413, Annotated Code of Maryland, COMAR 13A.05.01.15C, and COMAR 28.02.01.