Current through Register Vol. 46, No. 39, September 25, 2024
(a) An expedited due process hearing shall be
conducted pursuant to this Part under the following circumstances:
(1) the school district requests an expedited
due process hearing to obtain an order of an impartial hearing officer placing
a student with a disability in an IAES pursuant to section
201.8 of this Part where school
personnel maintain that it is dangerous for the student to be in his or her
current educational placement;
(2)
the school district requests an expedited due process hearing to obtain an
order of an impartial hearing officer placing a student with a disability in an
IAES during the pendency of due process hearings where school personnel
maintain that it is dangerous for the student to be in his or her current
educational placement during such proceedings;
(3) the parent requests a hearing from a
determination that the student's behavior was not a manifestation of the
student's disability; or
(4) the
parent requests a hearing relating to any decision regarding placement under
section 201.7 of this Part, including but
not limited to any decision to place the student in an IAES.
(b) An expedited due process
hearing shall be conducted in accordance with the procedures specified in
section 200.5(j) of this
Title, except as follows:
(1) Upon receipt of
or filing of a due process complaint notice for an expedited hearing, the board
of education shall arrange for an impartial hearing and the appointment of an
impartial hearing officer using the list in accordance with the rotational
selection process established in section
200.2(e)(l) of
this Title and the administrative procedures established by the board of
education pursuant to section
200.2(b)(8) of
this Title.
(2) The impartial
officer may not accept appointment unless available to hold the hearing and
render the decision within the time period for expedited hearings pursuant to
paragraph (3) of this subdivision.
(3) The school district shall arrange the
expedited due process hearing according to the following time period, unless
the parent and school district agree in writing to waive the resolution meeting
or agree to use mediation:
(i) a resolution
meeting shall occur within seven days receiving notice of the due process
complaint;
(ii) the expedited due
process hearing may proceed unless the matter has been resolved to the
satisfaction of both parties within 15 days of receipt of the due process
complaint;
(iii) the expedited due
process hearing shall occur within 20 school days of the date the complaint
requesting the hearing is filed; and
(iv) the impartial hearing officer shall make
a determination within 10 school days after the hearing.
(4) No extension to an expedited impartial
hearing timeline may be granted.
(5) The impartial hearing officer shall mail
a copy of the written, or at the option of the parents, electronic findings of
fact and the decision to the parents, to the board of education and the Office
of Special Education of the New York State Education Department within 10
school days after the hearing.
(c) If a parent requests a hearing or an
appeal regarding the change in placement of a student to an IAES by a
superintendent of schools, or regarding a change in placement by an impartial
hearing officer pursuant to section
201.8 of this Part where the school
district maintains that it is dangerous for the student to remain in his or her
current educational placement, or regarding a determination that the behavior
is not a manifestation of the student's disability for a student who has been
placed in an IAES, the student shall remain in the IAES pending the decision of
the impartial hearing officer or until expiration of the time period determined
in accordance with section 201.7 or
201.8 of this Part, as applicable,
whichever occurs first, unless the parents and the school district otherwise
agree.
(d) When an expedited due
process hearing has been requested because of a disciplinary change in
placement, the manifestation determination or because the school district
believes that maintaining the student in the current placement is likely to
result in injury to the student or others, the student shall remain in the IAES
pending the decision of the impartial hearing officer or until the expiration
of the period of removal, whichever occurs first, unless the parent and the
school district agree otherwise.
