- (a) The child's IEP team determines the interim alternative education setting for services under 34 C.F.R. § 300.530(c), (d)(5), and (g).
(b)
- (1) The parent of a child with a disability who disagrees with any decision regarding placement under 34 C.F.R. §§ 300.530 and 300.531 or the manifestation determination under 34 C.F.R. § 300.530(e), 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.
- (2) The hearing is requested by filing a complaint pursuant to 34 C.F.R. § 300.507 and § 300.508(a) and (b).
(c) Authority of hearing officer.
- (1) A hearing officer under 34 C.F.R. § 300.511 hears and makes a determination regarding an appeal under subsection (b) of this section.
(2) In making the determination under subdivision (c)(1) of this section, the hearing officer may:
- (A) Return the child with a disability to the placement from which the child was removed if the hearing officer determines that the:
(i) Removal was a violation of 34 C.F.R. § 300.530; or
(ii) Child’s behavior was a manifestation of the child's disability; or
- (B) Order a change of placement of the child with a disability to an appropriate interim alternative educational setting for not more than forty-five (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 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.