Section 511IAC7-44-7. Substantial likelihood of injury to student or others

   (a) If a public agency believes that maintaining the student in the current educational placement (the student's placement prior to a removal) is substantially likely to result in injury to the student or others, the public agency may request an expedited due process hearing to determine an appropriate placement for the student. The student's placement during an expedited due process hearing is governed by section 8 of this rule.

  (b) The hearing officer, in accordance with 511 IAC 7-45-7, must:

(1) hear the matter; and

(2) make a determination regarding the student's placement.

  (c) In making the determination, an independent hearing officer may order a change of placement to an appropriate interim alternative educational setting for not more than forty-five (45) instructional days if the hearing officer determines that maintaining the current placement of the student is substantially likely to result in injury to the student or to others.

  (d) Nothing in this rule shall prohibit a public agency from seeking injunctive relief to:

(1) remove a student with a disability from school; or

(2) change a student's current educational placement;

if the public agency believes that maintaining the student in the current educational placement is substantially likely to result in injury to the student or others. (Indiana State Board of Education; 511 IAC 7-44-7; filed Jul 14, 2008, 1:24 p.m.: 20080813-IR-511080112FRA; readopted filed Nov 6, 2014, 3:23 p.m.: 20141203-IR-511140382RFA)