(a) Upon written request by the petitioner or the Department of Education, the State Board of Education shall hold a brief hearing to consider:

1. (1) The petition for declaratory order;
2. (2) The response filed by the department; and
3. (3) Any other papers filed by the parties.

(b)

1. (1) The board shall issue a final order within ninety (90) days of the filing of the petition for declaratory order.
2. (2) The order shall grant or deny the prayer of the petition.