Iowa Admin. Code r. 281-41.532 - Appeal
(1)
General. The parent of a child with a disability who disagrees
with any decision regarding placement under rules
281-41.530 (256B, 34CFR300) and
281-41.531 (256B, 34CFR300), or
the manifestation determination under subrule 41.530(5), or an LEA that
believes that maintaining the current placement of the child is substantially
likely to result in injury to the child or others, may appeal the decision by
requesting a hearing. The hearing is requested by filing a complaint pursuant
to rule 281-41.507 (256B, 34CFR300) and
subrules 41.508(1) and 41.508(2).
(2)
Authority of administrative law
judge.
a. An administrative law
judge under rule 281-41.511 (256B, 34CFR300) hears and makes a determination
regarding an appeal under subrule 41.532(1).
b. In making the determination under subrule
41.532(1), the administrative law judge may do either of the following:
(1) Return the child with a disability to the
placement from which the child was removed if the administrative law judge
determines that the removal was a violation of rule
281-41.530 (256B, 34CFR300) or
that the child's behavior was a manifestation of the child's disability;
or
(2) 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 administrative law
judge determines that maintaining the current placement of the child is
substantially likely to result in injury to the child or to others.
c. The procedures under subrule
41.532(1) and paragraphs 41.532(2)"a" and "b"
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.
(3)
Expedited due process hearing.
a. Whenever a hearing is requested under
subrule 41.532(1), the parents or the LEA involved in the dispute must have an
opportunity for an impartial due process hearing consistent with the
requirements of rule 281-41.507 (256B, 34CFR300),
subrules 41.508(1) to 41.508(3), and rules
281-41.510 (256B, 34CFR300) to
281-41.514 (256B, 34CFR300),
except as provided in paragraphs 41.532(3)"b" and
"c."
b. The
department 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 administrative law judge must make a determination within
ten school days after the hearing.
c. Unless the parents and LEA agree in
writing to waive the resolution meeting described in this paragraph, or agree
to use the mediation process described in rule
281-41.506 (256B, 34CFR300 ), the
procedure is as follows:
(1) A resolution
meeting must occur within seven days of receiving notice of the due process
complaint; and
(2) The due process
hearing may proceed unless the matter has been resolved to the satisfaction of
all parties within 15 days of the receipt of the due process
complaint.
d.
Reserved.
e. The decisions on
expedited due process hearings are appealable consistent with rule
281-41.514 (256B, 34CFR300).
Notes
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