Due Process
Pendency: the discipline setting
Expedited hearing timelines:
Completed within 20 school days of the date the hearing is requested and
A determination within 10 school days after the hearing is completed
IHO authority
Return student to prior placement
Change placement to IAES
Speaker Notes:
Section 615(k)
The parent who disagrees with any decision regarding placement or manifestation determination, or a LEA that believes that maintaining the current placement of the child is substantially likely to result in injury to the child or to others, may request an impartial hearing.
A hearing officer shall hear, and make a determination regarding a change in placement of a child with a disability. The hearing officer may return the student to the prior placement or order a change in placement to an IAES for not more than 45 school days if the hearing officer determines that maintaining the current placement of such child is substantially likely to result in injury to the child or to others.
Placement during appeals: The student remains in the IAES pending the decision of the hearing officer or until the expiration of the time period of the removal, whichever occurs first, unless the parent and the LEA otherwise agree.
Such hearings must be expedited hearings, which must occur within 20 school days of the date the hearing is requested and must result in a determination within ten school days after the hearing.