162.963. Rights of parties--record of proceedings, how kept--costs, how paid.

MISSOURI STATUTES AND CODES

162.963. Rights of parties--record of proceedings, how kept--costs, how paid.

Rights of parties--record of proceedings, how kept--costs, how paid.

162.963. 1. At any hearing held pursuant to the provisions ofsection 162.961, except as otherwise provided in this section, either partyor a representative shall be entitled to:

(1) Be accompanied and advised by counsel and by individuals withspecial knowledge or training with respect to the problems of children withdisabilities;

(2) Present evidence and confront, cross-examine, and compel theattendance of witnesses;

(3) Prohibit the introduction of any evidence, including allevaluations and recommendations based on the offering party's evaluation,at the hearing that has not been disclosed to that party at least fivebusiness days before the hearing;

(4) Obtain a written or, at the option of the parents, electronicverbatim record of the hearing; and

(5) Obtain written or, at the option of the parents, electronicfindings of fact and decision.

2. Parents involved in hearings have the right to have the child whois the subject of the hearing present and the right to open the hearing tothe public.

3. Prior to the resolution conference or hearing, the parent orguardian or a representative of the parent or guardian shall have access toany reports, records, clinical evaluations or other materials upon whichthe action to be reviewed was wholly or partially based which couldreasonably have a bearing on the correctness of the determination.

4. A complete record shall be made of all proceedings unlessotherwise specified by statute, which records shall include verbatimtranscription of all testimony and shall include all documents, writings,or other evidence presented by any party. Costs incurred during theseproceedings, except those of the parties for purchasing diagnostic servicesor legal counsel or other services of a personal nature, shall be theresponsibility of the state board of education.