requesting party shall file a complaint pursuant to Title 34 of the Code of Federal Regulations §§ 300.507, 300.508(a) and (b), 300.532 and Title 20 of the United States Code § 1415(k)(3). NOTE: The Analysis of Comments to the federal regulations, 71 Fed. Reg. 156, pg. 46723, clarifies that the burden of proof in due process hearings is on the party that is responsible for the issue going forward to the due process hearing officer, consistent with the U.S. Supreme Court’s decision in Schaeffer v. Weast. Thus, if the Charter LEA has requested that a hearing officer remove a child to an interim alternative educational setting, the burden of persuasion at the hearing is on the Charter LEA. Whenever a hearing is requested as specified above, the parent or the Charter LEA shall have an opportunity for an expedited due process hearing consistent with requirements specified in Title 34 of the Code of Federal Regulations §§ 300.507, 300.508(a)-(c) and 300.510-300.514. If the child’s parents or the Charter LEA has initiated a due process hearing under Title 34 of the Code of Federal Regulations § 300.532 as detailed above, the child shall remain in the interim alternative educational setting pending the decision of the hearing officer or until the expiration of the 45-day time period, whichever occurs first, unless the parent and Charter LEA agree otherwise ( Title 20 of the United States Code § 1415(k)(4); Title 34 of the Code of Federal Regulations § 300.533 ). Section G – Readmission Readmission procedures for children with disabilities shall be the same as those used for all students. Upon readmission, an IEP team meeting shall be convened. Section H – Suspension of Expulsion The Charter LEA Governing Board’s criteria for suspending the enforcement of an expulsion order shall be applied to children with disabilities in the same manner as they are applied to all other students ( Education Code § 48917 ). Section I – Notification to Law Enforcement Authorities Prior to the suspension or expulsion of any child with a disability, the principal or designee shall notify the appropriate city or county law enforcement authorities of any act of assault with a deadly weapon which may have violated Penal Code § 245 ( Education Code § 48902 ). The principal or designee shall also notify the appropriate city or county law enforcement authorities of acts by any child with a disability which may involve the possession or sale of narcotics or of a controlled substance or possession of weapons or firearms in violation of Penal Code §§ 626.9 and 626.10 ( Education Code § 48902 ).
Chapter 8 – Suspension and Expulsion, Charter SELPA
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As of 11/18/2016
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