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DISCIPLINE - Regulations

13. Establish the authority of the hearing officer.

A hearing officer under 34 CFR 300.511 (impartial due process hearing) hears, and makes a determination regarding an appeal under 34 CFR 300.532(a) (disagreements regarding disciplinary removals and placement and manifestation determinations are subject to a hearing).

In making the determination under 34 CFR 300.532 (b)(1), the hearing officer may:
  • Return the child with a disability to the placement from which the child was removed if the hearing officer determines that the removal was a violation of 34 CFR 300.530 or that the child’s behavior was a manifestation of the child’s disability; or
  • Order a change of placement of the 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 the child is substantially likely to result in injury to the child or to others.
The procedures under 34 CFR 300.532(a) and (b)(1) and (2) may be repeated, if the LEA believes that returning the child to the original placement is substantially likely to result in injury to the child or to others.
[34 CFR 300.532(b)] [20 U.S.C. 1415(k)(3)(B)]

Dialogue Starter - Cross-stakeholder

Reaction Questions

  1. Currently, what types of behavioral data are collected for presentation to the hearing officer in your district? Currently, what types of data do families of students collect concerning the child’s behavior for presentation to the hearing officer by families of students? What information/data presented to a hearing officer is relevant to making a placement decision?


  2. Currently, how does your local team utilize the information handed down by hearing officers?


Application Questions

  1. In what ways can the local team work with the State Education Agency to develop an effective process for addressing placement?


  2. How does the Local Education Agency assure that state provisions regarding placement decisions are understood and implemented correctly?


  3. What systems can be put into place to ensure that local teams and hearing officers best access all the information needed to make these decisions?


  4. What can be put into place to ensure that students and families are supported in participating in this process?


  5. What are the components you would suggest need to be present in training hearing officers in relation to this provision?

    These questions were developed by the following stakeholders working together:

    Role: Service Provider
    Location: Alaska

    Role: Service Provider
    Location: California

    Role: Educational Consultant
    Location: Florida

    Role: Higher Education
    Location: Indiana

    Role: Family
    Location: New Jersey

    Role: Teacher
    Location: Pennsylvania

    Role: Administrator
    Location: Pennsylvania

    Role: Teacher
    Location: South Carolina

    Role: Teacher
    Location: West Virginia