Manifestation Determination Hearing Appeals
- The parent of a child with a disability who disagrees with any decision regarding placement, or the manifestation determination, or a local educational agency that believes that maintaining the current placement of the child is substantially likely to result in injury to the child or to others, may file a due process complaint to request a hearing pursuant to the Individuals with Disabilities Education Act) 20 U.S.C.1401 et seq. and IDEA 2004§615).
- A due process hearing officer shall hear, and make a determination regarding, an appeal requested. In making the decision the hearing officer may order a change in placement of the child with a disability. In such situations, the hearing officer may-
- return the child with a disability to the placement from which the child was removed; or
- order a change in placement of a child with a disability to an appropriate interim alternative educational setting for not more than 45 school days if the hearing officer determines that maintaining the current placement of such child is substantially likely to result in injury to the child or others.
- When an appeal has been requested the child shall remain in the interim alternative educational setting pending the decision of the hearing officer.