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Subpart 1.

Parent request for a hearing.

A parent of a pupil with a disability may request an expedited due process hearing if the pupil's parent disagrees:


with the determination that the pupil's behavior subject to disciplinary action was not a manifestation of the pupil's disability;


with any decision regarding a change of the pupil's placement to an interim alternative educational setting for a weapon, controlled substance, or drug violation; or


with any decision regarding a change of the pupil's placement under Code of Federal Regulations, title 34, sections 300.520 to 300.528, that is based upon a district contention that the move is for disciplinary or safety reasons.

Subp. 2.

Local education agency request for a hearing.

The local education agency may request an expedited hearing if school personnel maintain that the current placement of the pupil is substantially likely to result in injury to the pupil or to others.

Subp. 3.

Continued placement.

When a district proposes that an interim alternative placement should continue beyond 45 calendar days, it must provide parents with a written statement of the reasons for this proposal.

Statutory Authority:

MS s 14.389; L 1999 c 123 s 19,20


24 SR 1799; 26 SR 657

Published Electronically:

October 12, 2007

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