Section 1415 (k) (3)

(3) Appeal

    (A) In general

  • The parent of a child with a disability who disagrees with any decision regarding placement, or the manifestation determination under this subsection, or a local educational agency that believes that maintaining the current placement of the child is substantially likely to result in injury to the child or to others, may request a hearing.
  • (B) Authority of hearing officer

      (i) In general

    • A hearing officer shall hear, and make a determination regarding, an appeal requested under subparagraph (A).
    • (ii) Change of placement order

    • In making the determination under clause (i), the hearing officer may order a change in placement of a child with a disability. In such situations, the hearing officer may—
      • (I) return a child with a disability to the placement from which the child was removed; or
      • (II) order a change in placement of a child with a disability to an appropriate interim alternative educational setting for not more than 45 school days if the hearing officer determines that maintaining the current placement of such child is substantially likely to result in injury to the child or to others.
      • Severe Discrepancy
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        Last modified on November 7, 2019