§ 6-20-507 - Children with disabilities -- Hearing before hearing officer. - Arkansas Statutes

6-20-507. Children with disabilities -- Hearing before hearing officer.

(a) (1) Upon receipt of the written response, the requesting district in which the child is in attendance may, if the request is rejected, make application to the State Board of Education for a hearing officer to be designated to hold a hearing in regard to the request and to report recommendations to the state board.

(2) The hearing shall be held not less than thirty (30) days nor more than sixty (60) days from the date of the request for the appointment of a hearing officer.

(3) The hearing officer shall, at least ten (10) days prior to the hearing, notify the requesting district, the district to which the request is made, and all persons having an interest in or knowledge of the circumstances pertinent thereto, and the notice shall state the time and place of the hearing, which shall be held at a place designated by the hearing officer in a county in which one (1) of the school districts is located.

(4) At the hearing, the designated officials of the affected school districts and other interested parties shall appear and furnish testimony as requested by the hearing officer in regard to the request for the payments in behalf of the child.

(5) Upon conclusion of the hearing or within ten (10) days thereafter, the hearing officer shall file a written report, together with the hearing officer's recommendations, with the state board, with a copy thereof to be furnished to the superintendent of schools of the affected school districts.

(b) (1) The hearing officer may recommend approval of the request to the state board if the hearing officer determines that:

(A) The application is made by or in behalf of a child with disabilities as defined in this subchapter;

(B) It is in the best interest of the education of the child to be admitted to or to continue to attend school in the receiving district;

(C) The child's educational needs can be better served in the receiving district; and

(D) The request for attendance at the receiving district is not based upon any racial or other reason that might be contrary to the laws and regulations of the United States or of this state or the rules and regulations promulgated by the state board under the provisions of this subchapter.

(2) Any district aggrieved by the report and recommendations of the hearing officer may appeal to the state board within thirty (30) days after the date of the ruling of the hearing officer.