6 CAR § 130-1004 – Hearings generally — Subject matter for expedited hearings — Timelines for request

(a) If a parent disagrees with a determination that a child’s behavior was not a manifestation of the child’s disability or with any decision regarding placement of the child during disciplinary removals, the parent may appeal the decision by filing a complaint requesting an expedited due process hearing pursuant to 34 C.F.R. § 300.507 and § 300.508(a) and (b).
(b) A school district may appeal the decision by requesting an expedited hearing when school personnel have reason to believe that maintaining the current placement of the child is substantially likely to result in injury to the child or to others.
(c) Whenever a hearing is requested under this section, the parents or the LEA involved in the dispute must have an opportunity for an impartial due process hearing consistent with the requirements of 34 C.F.R. § 300.507, 34 C.F.R. § 300.508(a) – (c), and 34 C.F.R. §§ 300.510 – 300.514 except as provided in 34 C.F.R. § 300.532(c)(2) – (4).
(d)
1. (1) The SEA or LEA is responsible for arranging the expedited due process hearing, which must occur within twenty (20) school days of the date the complaint requesting the hearing is filed.
2. (2) The hearing officer must make a determination within ten (10) school days after the hearing.
(e) Unless the parents and LEA agree in writing to waive the resolution meeting described in 34 C.F.R. § 300.532(c)(3)(i) and this part, or agree to use the mediation process described in 34 C.F.R. § 300.506:
1. (1) A resolution meeting must occur within seven (7) days of receiving notice of the due process complaint; and
2. (2) The due process hearing may proceed unless the matter has resolved to the satisfaction of both parties within fifteen (15) days of the receipt of the due process complaint.
(f) Timeline for requesting a hearing.
1. (1) A parent or agency must request an impartial hearing on their due process complaint within two (2) years of the date the parent or agency knew or should have known about the alleged action that forms the basis of the due process complaint.
2. (2) Exceptions to timeline. The timeline described in subdivision (f)(1) of this section does not apply to a parent if the parent was prevented from filing a due process complaint due to:
  1. (A) Specific misrepresentations by the LEA that it had resolved the problem by forming this basis of the due process complaint; or
  2. (B) The LEA’s withholding of information from the parent that was required under this part to be provided to the parent.