Current through Register Vol. 28, No. 3, September 1, 2024
32.1 General: The parent of a child with a disability who disagrees with any decision regarding placement in Sections 30.0 and 31.0, or the manifestation determination in subsection 30.5, 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 Section 7.0 and subsections 8.1 and 8.2.
32.2 A single, impartial hearing officer appointed by the DOE from its Registry of Impartial Hearing Officers shall make a determination regarding an appeal under subsection 32.1. The hearing officer may:
32.2.1 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 Section 30.0 or that the child's behavior was a manifestation of the child's disability; or
32.2.2 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.
32.2.3 The procedures in subsections 32.1 and 32.2 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.
32.3 Expedited due process hearing:
32.3.1 Whenever a hearing is requested in subsection 32.1, the parents or the LEA involved in the dispute shall have an opportunity for an impartial due process hearing consistent with the requirements of Section 7.0 and subsections 8.1 through 8.3, and Sections 10.0 through 14.0, and 14 Del.C. Ch. 31, except as provided in subsections 32.3.2 through 32.3.4.
32.3.2 The DOE shall be responsible for arranging the expedited due process hearing, which shall occur within 20 school days of the date the complaint requesting the hearing is received by the DOE. The hearing officer shall make a determination within 10 school days after the hearing.
32.3.3 Unless the parents and LEA agree in writing to waive the resolution meeting described in subsection 32.3.3.1 or agree to use the mediation process described in Section 6.0:
32.3.3.1 A resolution meeting shall occur within 7 days of receiving notice of the due process complaint; and
32.3.3.2 The expedited 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.
32.3.4 The decisions on expedited due process hearings are appealable consistent with Section 14.0.
(Authority: 20 U.S.C. 1415(k)(3) and (4)(B), 1415(f)(1)(A)14 Del.C.
§
3110)
