Iowa Admin. Code rr. 281-41.532
Current through Register Vol. 47, No. 5, September 4, 2024
(1)General. The parent of a child with a disability who disagrees with any decision regarding placement under rules 281-41.530 (256B, 34CFR300) and 281-41.531 (256B, 34CFR300), or the manifestation determination under subrule 41.530(5), 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 rule 281-41.507 (256B, 34CFR300) and subrules 41.508(1) and 41.508(2).(2)Authority of administrative law judge.a. An administrative law judge under rule 281-41.511(256B, 34CFR300) hears and makes a determination regarding an appeal under subrule 41.532(1).b. In making the determination under subrule 41.532(1), the administrative law judge may do either of the following: (1) Return the child with a disability to the placement from which the child was removed if the administrative law judge determines that the removal was a violation of rule 281-41.530 (256B, 34CFR300) or that the child's behavior was a manifestation of the child's disability; or(2) Order a change of placement of the child with a disability to an appropriate interim alternative educational setting for not more than 45 school days if the administrative law judge determines that maintaining the current placement of the child is substantially likely to result in injury to the child or to others.c. The procedures under subrule 41.532(1) and paragraphs 41.532(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.(3)Expedited due process hearing.a. Whenever a hearing is requested under subrule 41.532(1), the parents or the LEA involved in the dispute must have an opportunity for an impartial due process hearing consistent with the requirements of rule 281-41.507 (256B, 34CFR300), subrules 41.508(1) to 41.508(3), and rules 281-41.510 (256B, 34CFR300) to 281-41.514 (256B, 34CFR300), except as provided in paragraphs 41.532(3)"b" and "c."b. The department is responsible for arranging the expedited due process hearing, which must occur within 20 school days of the date the complaint requesting the hearing is filed. The administrative law judge must make a determination within ten school days after the hearing.c. Unless the parents and LEA agree in writing to waive the resolution meeting described in this paragraph, or agree to use the mediation process described in rule 281-41.506 (256B, 34CFR300), the procedure is as follows:(1) A resolution meeting must occur within seven days of receiving notice of the due process complaint; and(2) The due process hearing may proceed unless the matter has been resolved to the satisfaction of all parties within 15 days of the receipt of the due process complaint.e. The decisions on expedited due process hearings are appealable consistent with rule 281-41.514(256B, 34CFR300).Iowa Admin. Code rr. 281-41.532
Adopted by IAB April 17, 2024/Volume XLVI, Number 21, effective 5/22/2024