Current through March 20, 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 7-44-3.
(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.
