Appeal Process

From Special Education Rules 160-4-7-.10-4:

APPEAL
(a) The parent of a child with a disability who disagrees with any decision regarding placement or the manifestation determination under this Rule, or an LEA that believes that maintaining the current placement of the child is substantially likely to result in injury to the child or others, may appeal the decision by requesting a hearing . The hearing is requested by filing a due process hearing request pursuant to Rule 160-4-7- .12 Dispute Resolution . [34 C .F .R . § 300 .531(a)].
 
(b) Authority of administrative law judge or hearing officer . An administrative law judge or hearing officer hears the facts and makes a determination regarding an appeal under the disagreement in  (8)(a) above . [34 C .F .R . § 300 .531(b)(1)]

1. In making a determination under this rule, the administrative law judge or hearing officer may :
(i) Return the child with a disability to the placement from which the child was removed if the administrative law judge or hearing officer determines that the removal was a violation of this RuIe or that the child's behavior was a manifestation of the child's disability ; or
(ii) Order a change of placement of the child with a disability to an appropriate interim alternative educational setting for not more than 45 school days if the administrative law judge or hearing officer determines that maintaining the current placement of the child is substantially likely to result in injury to the child or to others . [34 C .F .R . § 300 .531(b)(2)(i) -(ii) ]

(c) These appeal procedures may be repeated, if the LEA believes that returning the child to the original placement is substantially likely to result in injury to the child or to others . [34 C .F .R . § 300 .531(b)(3)]

(d) Expedited due process hearing . W henever a hearing is requested under paragraph (8)(a) this Rule, the parents or the LEA involved in the dispute must have an opportunity for an impartial due process hearing consistent with Rule 160-4-7- .12 Dispute Resolution, except as provided in (d) 1 and 2 below . [34 C .F .R . § 300 .531(c)(1) ]
1 . The State is responsible for arranging the expedited due process hearing, which must occur within 20 school days of the date the complaint requesting the hearing is filed . The administrative law judge or hearing officer must make a determination within 10 school days after the hearing . [34 C .F .R . § 300 .531(c)(2) ]
2 . U nless the parents and LEA agree in writing to waive the resolution meeting described in Rule 160-4-7- .12 Dispute Resolution or agree to use the mediation process described in the same Rule :
(a) A resolution meeting must occur within seven days of receiving notice of the due process hearing request/complaint ; and
(b) The due process hearing may proceed unless the matter has been resolved to the satisfaction of both parties within 15 days of the receipt of the due process hearing request/complaint . [34 C .F .R . § 300 .531(c)(3) ]
(c) The decisions on expedited due process hearings are appealable consistent with Rule 160-4-7- .12 Dispute Resolution . [34 C .F .R . § 300 .531(c)(5) ]

(9) PLACEMENT DURING APPEALS
(a) W hen an appeal under this Rule has been made by either the parent or the LEA, the child must remain in the interim alternative educational setting pending the decision o f the administrative law judge or hearing officer or until the expiration of the 45 school day time period provided for in this Rule, section 5, Special Circumstances, whichever comes first, unless the parent and the LEA agree otherwise . [34 C .F .R . § 300 .533]