Sec. 303.435 (b)

(b) Definition of impartial.

(1) Impartial means that the due process hearing officer appointed to implement the due process hearing under this part—
(i) Is not an employee of the lead agency or an EIS provider involved in the provision of early intervention services or care of the child; and
(ii) Does not have a personal or professional interest that would conflict with his or her objectivity in implementing the process.
(2) A person who otherwise qualifies under paragraph (b)(1) of this section is not an employee of an agency solely because the person is paid by the agency to implement the due process hearing procedures or mediation procedures under this part.
Severe Discrepancy
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Last modified on May 2, 2017