Md. Code Regs. 13A.08.03.09 - Parents' Right to Appeal and Student Placement

A. The parents of the student may file a due process complaint as set forth in COMAR 13A.05.01.15CC if the parents disagree with the public agency regarding:

(1) Disciplinary removals, as set forth in Regulation .03B and Regulation .05 of this chapter;

(2) The determination of whether the student's behavior is a manifestation of the student's disability, as set forth in Regulation .08 of this chapter; or

(3) The interim alternative educational setting, as set forth in Regulation .06 of this chapter.

B. If the parents file a due process complaint in accordance with §A of this regulation, the Office of Administrative Hearings shall schedule an expedited due process hearing as set forth in Education Article, § 8-413, Annotated Code of Maryland.

C. The student shall remain in the interim alternative educational setting pending the decision of the administrative law judge or until the expiration of the interim alternative educational setting, whichever occurs first, unless the parents and the public agency agree on another course of action.

D. If the public agency proposes to change the student's current educational placement after the expiration of the student's placement in an interim alternative educational setting, and the parents file a due process complaint to challenge the proposed change of placement, the student shall return to the student's educational placement before removal to an interim alternative educational setting.

E. At an expedited due process hearing on disciplinary actions as set forth in §B of this regulation, the administrative law judge may:

(1) Return the student with a disability to the placement from which the student was removed; or

(2) Order a change in placement of a student 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 is substantially likely to result in injury to the student or others.

F. The public agency may repeat the procedures set forth in Regulation .06D of this chapter as necessary if a public agency believes that:

(1) The student continues to be dangerous;

(2) Returning the student to the student's placement before placement in an interim alternative educational setting is substantially likely to result in injury to the student or others; and

(3) The student should remain in an interim alternative educational setting as set forth in Regulation .06A and F of this chapter.

Notes

Md. Code Regs. 13A.08.03.09

Regulation .09 amended effective May 7, 2007 (34:9 Md R. 826)