Your Family'S Special Education Rights – Virginia Procedural Safeguards Notice, Virginia Department Of Education, Division Of Special Education And Student Services Page 39
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44A
PPEAL
You have the right to file for a due process hearing if you disagree with the
school division’s decisions when disciplining your child.
General
The parent of a child with a disability may file a request for due process (see above) if he or she
disagrees with:
1. Any decision regarding placement made under these discipline provisions; or
2. The manifestation determination described above.
The school division may file a request for due process if it believes that maintaining the current
placement of the child is substantially likely to result in injury to the child or to others.
Authority of Hearing Officer
A hearing officer that meets the requirements described under the sub-heading Impartial
Hearing Officer must conduct the due process hearing and make a decision. The hearing officer
may:
1. 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 the requirements
described under the heading Authority of School Personnel, or that the child’s behavior
was a manifestation of the child’s disability; or
2. 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.
These hearing procedures may be repeated, if the school division believes that returning the child
to the original placement is substantially likely to result in injury to the child or to others.
Whenever a parent or a school division files a request for due process to request such a hearing, a
hearing must be held that meets the requirements described under the headings Request for Due
Process Procedures, Hearings on Request for Due Process, except as follows:
1. The school division must arrange for an expedited due process hearing, which must
occur within 20 school days of the date the hearing is requested and must result in a
determination within 10 school days after the hearing.
2. Unless the parents and the school division agree in writing to waive the meeting, or
agree to use mediation, a resolution meeting must occur within 7 calendar days of
receiving notice of the request for due process. The hearing may proceed unless the
matter has been resolved to the satisfaction of both parties within 15 calendar days of
receipt of the request for due process.
A party may appeal the decision in an expedited due process hearing in the same way as they
may for decisions in other due process hearings (see Appeals, above).
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