Appendix B: Special Education Timelines
(1) Carries a weapon to or possess a weapon at school, on school premises, or to or at a school function under the jurisdiction of an SEA or an LEA; or (2) Knowingly possesses or uses illegal drugs, or sells or solicits the sale of a controlled substance, while at school, on school premises, or at a school function under the jurisdiction of an SEA or an LEA; or (3) Has inflicted serious bodily injury upon another person while at school, on school premises, or at a school function under the jurisdiction of an SEA or an LEA. (h) Notification. On the date on which the decision is made to make a removal that constitutes a change of placement of a child with a disability because of a violation of a code of student conduct, the LEA must notify the parents of that decision, and provide the parents the procedural safeguards notice described in 300.504 (see regulations for definitions of controlled substances, illegal drug, serious bodily injury, and weapon).
300.532 Appeal.
(b) Authority of hearing officer.
(1) A hearing officer under 300.511 hears and makes a determination regarding an appeal under paragraph (a) of this section. (2) In making the determination under paragraph (b)(1) of this section, the hearing officer may- (i) Return the child with a disability to a placement from which the child was removed if the hearing officer determines that the removal was a violation of 300.530 or that the child’s behavior was a manifestation of the child’s disability; or (ii) Order a change of placement of the child with a disability to an appropriate interim alternative educational setting for not more than 45 school days if the hearing officer determines that maintaining the current placement of the child is substantially likely to result in injury to the child or to others. (3) The procedures under paragraphs (a) and (b)(1) and (2) of this section may be repeated, if the LEA believes that returning the child to the original placement is substantially likely to result in injury to the child or to others.
(c) Expedited due process hearing.
BP 5004 – Instructional Planning and the IEP
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Desert Mountain Special Education Local Plan Area (DMSELPA) (rev. 10/18)
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