Appendix B: Special Education Timelines
(2) The SEA or LEA is responsible for arranging the expedited due process hearing, which must occur within 20 school days of the date the complaint requesting the hearing is filed. The hearing officer must make a determination within 10 days after the hearing. (3) Unless the parents and LEA agree in writing to waive the resolution meeting, or agree to use the mediation process described in 300.506-
(i) A resolution meeting must occur within seven days of receiving notice of the due process complaint; and (ii) The due process hearing may proceed unless the matter has been resolved to the satisfaction of both parties within 15 days of the receipt of the due process complaint.
300.536 Change of placement because of disciplinary removals.
(a) For purposes of removals of a child with a disability from the child’s current educational placement under 300.530 through 300.535, a change of placement occurs if-
(1) The removal is for more than 10 consecutive school days ; or
(2) The child has been subjected to a series of removals that constitute a pattern- (i) Because the series of removals total more than 10 school days in a school year ; (ii) Because the child’s behavior is substantially similar to the child’s beha vior in previous incidents that resulted in a series of removals; and (iii) Because of such additional factors as the length of each removal, the total amount of time the child has been removed, and the proximity of the removals to one another. (1) The public agency determines on a case-by-case basis whether a pattern of removals constitutes a change of placement. (2) This determination is subject to review through due process and judicial proceedings.
(b)
Monitoring, Technical Assistance, and Enforcement
300.613 Access rights.
(a) Each participating agency must permit parents to inspect and review any education records relating to their children that are collected,
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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