POLICY LETTER: March 8, 2007 to University of Utah Professor Dixie Snow Huefner
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POLICY LETTER: March 8, 2007 to University of Utah Professor Dixie Snow Huefner MS Word
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POLICY LETTER: March 8, 2007 to University of Utah Professor Dixie Snow Huefner MS Word
Dated March 8, 2007Dixie Snow HuefnerProfessor, Department of Special EducationUniversity of Utah1705 E Campus Center Drive, Rm. 221 MBHSalt Lake City, Utah 84112Dear Ms. Huefner:This letter is in response to your letter dated October 3, 2006, in which you request clarification regarding 34 CFR 300.532(x) and 300.533 of the final regulations for Part B of the Individuals with Disabilities Education Act (Part B). The final Part B regulations, published in the Federal Register on August 14, 2006 at 71 Fed. Reg. 46540 became effective on October 13, 2006.You ask for clarification of the language in 34 CFR 300.532(a) which gives a parent or a local educational agency (LEA) the right to request an expedited due process hearing. That regulation provides that "[t]he parent of a child with a disability who disagrees with any decision regarding placement under 300.530 and 300.531 or the manifestation determination under 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. The hearing is requested by filing a complaint pursuant to 300.507 and 300.508(a) and (b)." 34CFR 300.532(a). You seek clarification regarding what decision would be the subject of the LEA's appeal in the expedited hearing, since you believe that no change in placement to an interim alternative educational setting could occur until the hearing officer issues -a decision in favor of the LEA. We believe that the language "appeal the decision" refers to a situation where a child has been removed from the current placement pending the manifestation determination, and the LEA seeks a hearing officer's intervention to challenge the decision to return the child to the current placement as a result of the manifestation determination.Except for drugs, weapons, or serious bodily injury offenses under 34 CFR 300.530(g), (where achild can be immediately removed for not more than 45 school days regardless of whether the misconduct is a manifestation of the child's disability), the Part B regulations provide that a child isreturned to the placement from which he or she was removed for ten days following a determination that the behavior giving rise to the disciplinary action was a manifestation of the child's disability, unless the parent and the LEA agree to a change of placement as part of the modification of the behavioral intervention plan. 34 CFR 300.530(f)(2). The return of the child to the placement from which the child was removed under these circumstances is tantamount to "maintaining the current placement of the child." If the LEA believes that "maintaining the current placement of the child is substantially likely to result in injury to the child or to others," the LEA may appeal that determination by filing a due process complaint to request an expedited due process hearing under 34 CFR 300.532(a). The hearing officer may order a change of placement under 34 CFR 300.532(b)(2)(ii) to an appropriate interim alternative educational setting for not more than 45 school days if the hearing officer agrees with the LEA that maintaining Sincerely,/s/Alexa Posny, Ph.D.DirectorOffice of Special Education ProgramsPage PAGE 2 - Dixie Snow Huefner
TOPIC ADDRESSED: Discipline Procedures
SECTION OF IDEA: Part B—Assistance for Education of All Children With Disabilities Section 615—Procedural Safeguards
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Last modified on April 26, 2017