Texas Administrative Code
Title 19 - EDUCATION
Part 2 - TEXAS EDUCATION AGENCY
Chapter 89 - ADAPTATIONS FOR SPECIAL POPULATIONS
Subchapter AA - COMMISSIONER'S RULES CONCERNING SPECIAL EDUCATION SERVICES
Division 7 - DISPUTE RESOLUTION
Section 89.1191 - Special Rule for Expedited Due Process Hearings
Current through Reg. 49, No. 38; September 20, 2024
A parent who disagrees with any decision regarding a child's placement under 34 Code of Federal Regulations (CFR), §300.530 and §300.531, or a manifestation determination under 34 CFR, § 300.530(e), or a school district that believes that maintaining the current placement of a child is substantially likely to result in injury to the child or others, may appeal the decision by requesting an expedited due process hearing under 34 CFR, § 300.532. An expedited due process hearing will be governed by the same procedural rules as are applicable to due process hearings generally, except that:
(1) the hearing must occur within 20 school days of the date the request for a due process hearing is filed;
(2) the hearing officer must make a decision within 10 school days after the hearing;
(3) unless the parents and the school district agree in writing to waive the resolution meeting required by 34 CFR, § 300.532(c)(3)(i), or to use the mediation process described in 34 CFR, § 300.506, the resolution meeting must occur within seven calendar days of the receipt of the request for a hearing;
(4) the hearing may proceed unless the matter has been resolved to the satisfaction of both parties within 15 calendar days of the receipt of the request for a hearing;
(5) the hearing officer must not grant any extensions of time or grant permission for the hearing to proceed under the timelines that apply to hearings involving non-disciplinary matters; and
(6) the provisions in 34 CFR, § 300.508(d), do not apply.
