(a)

1. (1) General. 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. (2) The hearing is requested by filing a complaint pursuant to 34 C.F.R. § 300.507 and § 300.508(a) and (b).

(b) Authority of hearing officer.

1. (1) A hearing officer under 34 C.F.R. § 300.511 hears and makes a determination regarding an appeal under 11.06.1.1 of this section.

2. (2) In making the determination under 11.06.1.2 A of this section, the hearing officer may:

   1. (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

1. (ii) Child’s behavior was a manifestation of the child's disability; or

   1. (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.

2. (3) The procedures under §§ 11.06.1.1 and 11.06.1.2 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.

   1. (c) Expedited due process hearing.
3. (1) Whenever a hearing is requested under subsection (a) of 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 and § 300.508(a) – (c) and 34 C.F.R. §§ 300.510 – 300.514, except as provided in subdivisions (c)(2) and (3) of this section.

4. (2)

   1. (A) The SEA 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. (B) The hearing officer must make a determination within ten (10) school days after the hearing.

5. (3) Unless the parents and LEA agree in writing to waive the resolution meeting described in subdivision (c)(3)(A) of this section or agree to use the mediation process described in 34 C.F.R. § 300.506:

   1. (A) A resolution meeting must occur within seven (7) days of receiving notice of the due process complaint; and
   2. (B) The due process hearing may proceed unless the matter has been resolved to the satisfaction of both parties within fifteen (15) days of the receipt of the due process complaint.
6. (4) The decisions on expedited due process hearings are appealable consistent with 34 C.F.R. § 300.516, civil action.