NC 1504-2.3 Appeal

Plain English summary

This regulation establishes the appeal process for disciplinary placement decisions affecting students with disabilities, allowing parents or LEAs to request a due process hearing when disputing placement or manifestation determination decisions. Hearing officers are granted specific authority to return a child to a prior placement or order an interim alternative educational setting for up to 45 school days. The process includes strict expedited timelines: hearings must occur within 20 school days of petition receipt, with a determination issued 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 NC 1504-2.1 and NC 1504-2.2, or the manifestation determination under NC 1504-2.1(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 due process hearing.
• The hearing is requested by filing a petition pursuant to NC 1504-1.8 and NC 1504-1.9(a) and (b).
• A hearing officer under NC 1504-1.12 hears and makes a determination regarding an appeal requested 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 NC 1504-2.1 or that the child's behavior was a manifestation of the child's disability.
• 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 expedited due process hearing must occur within 20 school days of the date the petition requesting the hearing is received by the other party.
• The hearing officer must make a determination within 10 school days after the hearing.
• A resolution meeting must occur within seven days of the other party's receiving notice of the due process petition.
• The due process hearing may proceed unless the matter has been resolved to the satisfaction of both parties within 15 days of the other party's receipt of the due process petition.
• The decisions on expedited due process hearings are appealable consistent with NC 1504-1.15.

Affected parties

• parents of children with disabilities
• students with disabilities
• local education agencies (LEAs)
• hearing officers
• Office of Administrative Hearings

Official source

https://www.dpi.nc.gov/documents/publications/catalog/ec144-policies-governing-services/open#page=99