Section 89.1191 - Special Rule for Expedited Due Process HearingsA parent who disagrees with any decision regarding a child's placement under 34 Code of Federal Regulations (CFR), §300.530 and §300.531, or a manifestation determination under 34 CFR, § 300.530(e), or a school district that believes that maintaining the current placement of a child is substantially likely to result in injury to the child or others, may appeal the decision by requesting an expedited due process hearing under 34 CFR, § 300.532. An expedited due process hearing will be governed by the same procedural rules as are applicable to due process hearings generally, except that:
(1) the hearing must occur within 20 school days of the date the request for a due process hearing is filed;(2) the hearing officer must make a decision within 10 school days after the hearing;(3) unless the parents and the school district agree in writing to waive the resolution meeting required by 34 CFR, § 300.532(c)(3)(i), or to use the mediation process described in 34 CFR, § 300.506, the resolution meeting must occur within seven calendar days of the receipt of the request for a hearing;(4) the hearing may proceed unless the matter has been resolved to the satisfaction of both parties within 15 calendar days of the receipt of the request for a hearing;(5) the hearing officer must not grant any extensions of time or grant permission for the hearing to proceed under the timelines that apply to hearings involving non-disciplinary matters; and(6) the provisions in 34 CFR, § 300.508(d), do not apply.19 Tex. Admin. Code § 89.1191
The provisions of this §89.1191 adopted to be effective March 6, 2001, 26 TexReg 1837; amended to be effective November 11, 2007, 32 TexReg 8129; amended to be effective November 28, 2012, 37 TexReg 9360; amended to be effective December 31, 2013, 38 TexReg 9552; Amended by Texas Register, Volume 42, Number 08, February 24, 2017, TexReg 761, eff. 3/1/2017