§ 300.532 Appeal.

Plain English summary

This section establishes the appeal process for disciplinary placement decisions under IDEA, allowing parents or LEAs to request an expedited due process hearing when they disagree with a placement decision or manifestation determination. A hearing officer is empowered to return the child to their original placement or order an interim alternative educational setting for up to 45 school days. The expedited hearing must occur within 20 school days of the filed complaint, with a determination required within 10 school days after the hearing.

Key requirements

• The parent of a child with a disability who disagrees with any decision regarding placement under §§ 300.530 and 300.531, or the manifestation determination under § 300.530(e), 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 complaint pursuant to §§ 300.507 and 300.508(a) and (b).
• A hearing officer under § 300.511 hears, and makes a determination regarding an appeal under paragraph (a) of this section.
• The hearing officer may return the child with a disability to the placement from which the child was removed if the hearing officer determines that the removal was a violation of § 300.530 or that the child's behavior was a manifestation of the child's disability.
• The hearing officer may 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 hearing officer determines that maintaining the current placement of the child is substantially likely to result in injury to the child or to others.
• The procedures under paragraphs (a) and (b)(1) and (2) of this section 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.
• The SEA or LEA 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 hearing officer must make a determination within 10 school days after the hearing.
• A resolution meeting must occur within seven days of receiving notice of the due process complaint.
• 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 complaint.
• A State may establish different State-imposed procedural rules for expedited due process hearings conducted under this section than it has established for other due process hearings, but, except for the timelines as modified in paragraph (c)(3) of this section, the State must ensure that the requirements in §§ 300.510 through 300.514 are met.
• The decisions on expedited due process hearings are appealable consistent with § 300.514.

Affected parties

• parents of children with disabilities
• local education agencies (LEAs)
• state education agencies (SEAs)
• hearing officers
• children with disabilities subject to disciplinary placement

Official source

https://www.ecfr.gov/current/title-34/part-300/section-300.532