- a) A parent, guardian or student may request an impartial due process hearing.
b) A hearing may be requested for, but not limited to, the following reasons:
- 1) Objection to signing consent for a proposed case study evaluation or initial placement.
- 2) Failure of the School, upon request of the parents, guardians, other persons having primary care and custody of the student, the student, or ISBE to provide a case study evaluation.
- 3) Failure of a local school district to consider evaluations completed by qualified professional personnel outside the local school district.
- 4) Objection to a proposed special education placement, i.e., an initial placement, a continuation of a previous placement, or a change in the placement.
- 5) Termination of a special education placement.
- 6) Failure of the School to provide a special education placement consistent with the finding of the case study evaluation and the recommendations of the Eligibility Review (see 89 Ill. Adm. Code 795).
- 7) Failure of the School to provide the least restrictive special education placement appropriate to the student's needs.
- 8) Provision of special education instructional or resource programs or related services in an amount insufficient to meet the student's needs.
- 9) Recommendation for the graduation of a student.
- 10) Failure of the School to comply with any provision of this Part.
- c) A hearing may be conducted via video conference or teleconference.
- d) Receipt of a request for an impartial due process hearing shall cause the student to remain in his or her current educational placement, unless a mutual agreement is reached between the parents or guardians and the School.
(Source: Amended at 37 Ill. Reg. 6358, effective April 25, 2013)