7 Miss. Code. R. 34-E-300.532

Current through December 10, 2024
Section 7-34-E-300.532 - Appeal
(a)General. The 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).
(b)Authority of hearing officer.
(1) A hearing officer under §300.511 hears, and makes a determination regarding an appeal under paragraph (a) above.
(2) In making the determination under paragraph (b)(1) above, the hearing officer may
(i) Return the child with a disability to the placement from which the child was removed if the hearing officer determines that the removal was a violation of §300.530 or that the child's behavior was a manifestation of the child's disability; or
(ii) Order a change of placement of the child with a disability to an appropriate interim alternative educational setting for not more than forty-five (45) school days if the hearing officer determines that maintaining the current placement of the child is substantially likely to result in injury to the child or to others.
(3) The procedures under paragraphs (a) and (b)(1) and (2) above 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.
(c)Expedited due process hearing.
(1) Whenever a hearing is requested under paragraph (a) above, the parents or the LEA involved in the dispute must have an opportunity for an impartial due process hearing, consistent with the requirements of §§300.507 and 300.508(a) through (c) and §§300.510 through 300.514, except as provided in paragraph (c)(2) through (4) below.
(2) The MDE is responsible for arranging the expedited due process hearing, which must occur within twenty (20) school days of the date the complaint requesting the hearing is filed. The hearing officer must make a determination within ten (10) school days after the hearing.
(3) Unless the parents and LEA agree in writing to waive the resolution meeting described in paragraph (c)(3)(i) below, or agree to use the mediation process described in §300.506
(i) A resolution meeting must occur within seven (7) days of receiving notice of the due process complaint; and
(ii) The due process hearing may proceed unless the matter has been resolved to the satisfaction of both parties within fifteen (15) days of the receipt of the due process complaint.
(4) (Omitted)
(5) The decisions on expedited due process hearings are appealable consistent with §300.514.

7 Miss. Code. R. 34-E-300.532