Indiana Administrative Code
Title 511 - INDIANA STATE BOARD OF EDUCATION
Article 7 - SPECIAL EDUCATION
Rule 45 - Complaints, Mediation, and Due Process Procedures
Section 45-10 - Expedited due process hearings and petition for judicial review
Universal Citation: 511 IN Admin Code 45-10
Current through September 18, 2024
Authority: IC 20-19-2-8; IC 20-19-2-16
Affected: IC 4-21.5-3; IC 20-19-2; IC 20-35
Sec. 10.
(a) An expedited due process hearing will be conducted in the following situations:
(1) The parent requests a hearing because the
parent disagrees with:
(A) a determination
that the student's behavior was not a manifestation of the student's
disability; or
(B) the public
agency's decision regarding the student's disciplinary change of placement
under 511 IAC
7-44-2.
(2) The public agency requests an expedited
hearing because the public agency maintains that it is dangerous for the
student to return to the current placement (placement prior to removal to the
interim alternative educational setting) after the expiration of the student's
placement in an interim alternative educational setting.
(b) An expedited due process hearing shall be conducted under IC 4-21.5-3 and sections 3 through 8 of this rule, except that:
(1) the expedited
due process hearing must:
(A) occur within
twenty (20) instructional days of the date the request was received by the
public agency; and
(B) result in a
determination within ten (10) instructional days after the
hearing;
(2) a resolution
meeting under section 6 of this rule must occur within seven (7) calendar days
of the date the hearing request was received by the public agency, unless the
parties agree:
(A) in writing to waive the
resolution meeting; or
(B) to use
the mediation process described in section 2 of this rule;
(3) the hearing may proceed unless the matter
has been resolved to the satisfaction of both parties within fifteen calendar
(15) days of the receipt of the hearing request;
(4) the independent hearing officer shall not
grant any extensions of time; and
(5) the requirements of sufficiency in
section 4 of this rule are not applicable to expedited due process
hearings.
(c) An expedited due process hearing must be conducted by an independent hearing officer who meets the requirements under section 8 of this rule.
(d) Any party who disagrees with the independent hearing officer's decision in an expedited due process hearing may file a petition for review of the decision in accordance with section 9 of this rule.
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