Indiana Administrative Code
Rule 45 - Complaints, Mediation, and Due Process Procedures
Section 45-10 - Expedited due process hearings petition for judicial review

Universal Citation: 511 IN Admin Code 45-10

Current through September 27, 2023

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 7-44-3.

(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.

(e) At any time after the initiation of an expedited due process hearing the parties may agree to waive the requirements of the expedited process and proceed under sections 3 through 6 of this rule for a due process hearing.

Indiana State Board of Education; 511 IAC 7-45-10; filed Jul 14, 2008, 1:24 p.m.: 20080813-IR-511080112FRA; filed May 25, 2010, 8:19 a.m.: 20100623-IR-511090795FRA

Readopted filed 11/6/2014, 3:23 p.m.: 20141203-IR-511140382RFA

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