Section 511IAC7-44-8. Placement of the student during due process hearings or appeals of disciplinary action

   (a) If a parent requests a hearing or an appeal to challenge a removal or the manifestation determination, the student must remain in the interim alternative educational setting:

(1) pending the decision of the independent hearing officer; or

(2) until the time period for the disciplinary action expires;

whichever occurs first, unless the parent and the public agency agree otherwise.

  (b) If a student is placed in an interim alternative educational setting under section 6 or 7 of this rule, and the student's parent opposes the public agency's proposed change in educational placement after expiration of the forty-five (45) instructional days, during the pendency of any proceeding to challenge the proposed change in placement, the student remains in the interim alternative education setting:

(1) pending the decision of the hearing officer; or

(2) until the expiration of the forty-five (45) instructional days;

whichever occurs first, unless the parent and the school agree otherwise.

  (c) If the public agency and the parent are unable to resolve the dispute in subsection (b) regarding the proposed change of placement after the expiration of the forty-five (45) instructional days, and the public agency maintains that the current placement (the placement prior to removal to the interim alternative education setting) is substantially likely to result in injury to the student or others, the public agency may request the following:

(1) An expedited due process hearing under section 7 of this rule.

(2) The independent hearing officer to extend the interim alternative education placement.

(Indiana State Board of Education; 511 IAC 7-44-8; filed Jul 14, 2008, 1:24 p.m.: 20080813-IR-511080112FRA; readopted filed Nov 6, 2014, 3:23 p.m.: 20141203-IR-511140382RFA)