WAC 72-120-311   Expedited due process hearings.  (1) "Expedited due process hearing" means a hearing that is conducted by a due process hearing officer, in accordance with WAC 72-171-601 (impartial due process hearing rights) and this section, and may be requested in any of the following situations:

     (a) The parent disagrees with a determination that the student's behavior was not a manifestation of the student's disability.

     (b) The parent disagrees with the school's decision regarding the student's disciplinary change of placement under WAC 72-120-304.

     (c) The school maintains that it is dangerous for the student to return to the current placement (placement prior to removal to the interim alternative educational setting) after the expiration of the student's placement in an interim alternative educational setting or to be in the current placement (placement prior to removal to the interim alternative educational setting) during the pendency of the due process proceedings.

     (2) Pursuant to WAC 392-172-350 (adopted by reference in WAC 72-171-601) the office of the superintendent of public instruction shall arrange for an expedited hearing in any case described in subsection (1) of this section if requested by the parent.

     (3) In reviewing a decision with respect to the manifestation determination, the hearing officer shall determine whether the school has demonstrated that the student's behavior was not a manifestation of the student's disability consistent with the requirements of WAC 72-120-309.

     (4) In reviewing a decision to place the student in an interim alternative educational setting, the hearing officer shall apply the standards under WAC 72-120-306.

     (5) An expedited due process hearing shall:

     (a) Result in a written decision being mailed to the parties within forty-five days of the office of the superintendent of public instruction's receipt of the request for the hearing without exceptions or extensions. The timeline established in this subsection shall be the same for hearings requested by parents or the school;

     (b) Meet the requirements of WAC 392-172-354 (adopted by reference in WAC 72-171-601) except that the time periods identified for the disclosure of records and evaluations for purposes of expedited due process hearings are not less than two business days prior to the hearing; and

     (c) Be conducted by a due process hearing officer who satisfies the impartiality requirements of WAC 392-172-352 (adopted by reference in WAC 72-171-601).

     (6) The decisions on expedited due process hearings are appealable under the state's due process appeal procedures (see WAC 72-171-601 and 392-172-360).



[Statutory Authority: RCW 72.4.011 [72.40.022]. 01-16-023, § 72-120-311, filed 7/20/01, effective 8/20/01.]