8.5.7 Appeals

A parent who disagrees with the results of the MDR or with the school’s decision regarding a student’s placement (e.g., removal of the student to an IAES) can file a request for an expedited due process hearing.1  All of the same procedural safeguards that apply to due process hearings apply to the expedited due process hearing, the timelines are just shortened.2  The expedited hearing must occur within 20 school days of the date the due process complaint is filed and the hearing officer must issue a determination within 10 school days after the hearing.3  Additionally, the early resolution meeting must be held within 7 days unless waived by the parties.4  While the due process proceedings are pending, the child must remain in the interim alternative education setting until the hearing officer’s decision is made.5

• 1La. Bulletin 1706 § 532(A). Note that the LEA can also request an expedited due process hearing if it believes that maintaining the student in the current placement is substantially likely to result in injury to the student or others. Id. In this case, the Hearing Officer can order a change of placement of the student to an appropriate IAES for not more than 45 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 others. Id. § 532(B).
• 2Id. § 532(C); see Section 8.2 on these procedural safeguards.
• 3La. Bulletin 1706 § 532(C).
• 4Id.
• 5Id. § 533.