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I.EXECUTIVE ORDERS - page 105 / 359

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subsection (h) of section 1365 of title 18, United States Code.
4.Weapon—the meaning given the term "dangerous weapon" under paragraph (2) of the first subsection (g) of section 930 of title 18, United States Code.

AUTHORITY NOTE:Promulgated in accordance with R.S.17:1941 et seq.

HISTORICAL NOTE:Promulgated by the Board of Elementary and Secondary Education, LR 34:2076 (October 2008).

§531.Determination of Setting

A.The student's IEP Team determines the interim alternative educational setting for services under §530.C, D.5 and G.

AUTHORITY NOTE:Promulgated in accordance with R.S.17:1941 et seq.

HISTORICAL NOTE:Promulgated by the Board of Elementary and Secondary Education, LR 34:2078 (October 2008).

§532.Appeal

A.General. The parent of a student with a disability who disagrees with any decision regarding placement under §§530 and 531, or the manifestation determination under §530 E, or an LEA that believes that maintaining the current placement of the student is substantially likely to result in injury to the student or others, may appeal the decision by requesting a hearing pursuant to §§507 and 508.A and B.

B.Authority of Hearing Officer

1.A hearing officer under §511 hears and makes a determination regarding an appeal under Subsection A of this Section.
2.In making the determination under Paragraph B.1 of this Section, the hearing officer may:
a.return the student with a disability to the placement from which the student was removed if the hearing officer determines that the removal was a violation of §530 or that the student’s behavior was a manifestation of the student’s disability; or
b.order a change of placement of the student 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 student is substantially likely to result in injury to the student or to others.
3.The procedures under Subsection A and Paragraphs B.1 and 2 of this Section may be repeated, if the LEA believes that returning the student to the original placement is substantially likely to result in injury to the student or to others.

C.Expedited Due Process Hearing

1.Whenever a hearing is requested under paragraph A of this section, the parents or the LEA involved in the dispute shall have an opportunity for an impartial due process hearing consistent with the requirements of §§507, 508A through C, and §§510 through 514, except as provided in Paragraphs C.2 through C4 of this Section.
2.The LDE shall arrange for the expedited due process hearing, which shall occur within 20 school days of the date the request for due process hearing is filed. The hearing officer shall make a determination within 10 school days after the hearing.
3.Unless the parents and the LEA agree in writing to waive the resolution meeting described in Subparagraph C.3.a of this Section, or agree to use the mediation process described in §506:
a.a resolution meeting shall occur within seven days of receiving notice of the request for due process hearing; and
b.the due process hearing may proceed unless the matter has been resolved to the satisfaction of both parties within 15 days of the receipt of the request for due process hearing.
4.The LDE requires the exclusion of evidence not disclosed to the other party three business days before the hearing, unless the parties agree otherwise. Except for the timelines modified in Paragraph C.3 of this Section, the LDE shall ensure that the requirements in §510 through §514 are met.
5.The decisions on expedited due process hearings are appealable consistent with §514.

AUTHORITY NOTE:Promulgated in accordance with R.S.17:1941 et seq.

HISTORICAL NOTE:Promulgated by the Board of Elementary and Secondary Education, LR 34:2078 (October 2008).

§533.Placement during Appeal

A.When an expedited hearing under §532 has been requested by either the parent or the LEA, the student shall remain in the interim alternative educational setting pending the decision of the hearing officer or until the expiration of the time period specified in §530.C or G, whichever occurs first, unless the parent and the LDE or LEA agree otherwise.

AUTHORITY NOTE:Promulgated in accordance with R.S.17:1941 et seq.

HISTORICAL NOTE:Promulgated by the Board of Elementary and Secondary Education, LR 34:2078 (October 2008).

§534.Protections for Student not Determined Eligible for Special Education and Related Services

A.General. A student who has not been determined to be eligible for special education and related services under these regulations and who has engaged in behavior that violated a code of student conduct, may assert any of the protections provided for in these regulations if the public agency had knowledge (as determined in accordance with Subsection B of this Section) that the student was a student with a disability before the behavior that precipitated the disciplinary action occurred.

B.Basis of Knowledge. A public agency shall be deemed to have knowledge that a student is a student with a disability if before the behavior that precipitated the disciplinary action occurred:

1.the parent of the student expressed concern in writing to supervisory or administrative personnel of the appropriate educational agency, or a teacher of the student, that the student is in need of special education and related services;
2.the parent of the student requested an evaluation of the student pursuant to §§301 through 312; or
3.the teacher of the student, or other personnel of the LEA, expressed specific concerns about a pattern of behavior demonstrated by the student directly to the director of special education of the agency or to other supervisory personnel of the agency.

C.Exception. A public agency would not be deemed to have knowledge under Subsection B of this Section if:

1.the parent of the student:
a.has not allowed an evaluation of the student pursuant to §§301 through 312; or
b.has refused services under the IDEA; or

Louisiana Register   Vol. 34, No. 10   October 20, 2008

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