Sec. 1415(k)(3)(B) - Appeal

(3)  Appeal

(B)  Change of placement order.

In making the determination under clause (i), the hearing officer may order a change in placement of a child with a disability.  In such situations, the hearing officer may -

(I)  return a child with a disability to the placement from which the child was removed; or

(II)  order a change of 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 to others.

The tool currently only includes the federal requirements. Federal requirements apply in all states and states may add on (but not subtract) from the Federal laws. The tool doesn't currently incorporate court decisions or other authoritative interpretation of the law that can clarify issues not explicitly clear from the statute or regulations alone.

Copyright 2008, Matthew J. Stowe. All rights reserved.