72-992a. Same; parental disagreement with determination; due process hearing and review. - Kansas Statutes

72-992a

Chapter 72.--SCHOOLS Article 9.--SPECIAL EDUCATION

      72-992a.   Same; parental disagreement withdetermination; due process hearing and review.(a) The parent of a child with a disability who disagreeswithany decision regardingplacement, or the manifestation determination underK.S.A. 2009 Supp.72-991a,and amendmentsthereto, or an agencythat believes that maintaining the current placement of a child issubstantially likely to result in injury to thechild or to others, may request a hearing.

      (b)   A hearing officer appointed under this act shall hear, and make thedetermination regarding, anappeal requested under subsection (a).

      (c)   In making the determination under subsection (b), the hearing officer mayorder a change inplacement of the child. In such situations, the hearing officer may:

      (1)   Uphold the manifestation determination;

      (2)   uphold the interim alternative educational placement of the child;

      (3)   return the child to the placement from which the child was removed; or

      (4)   order a change in placement of the child to an appropriate interimalternative educational settingfor not more than 45 school days if the hearing officer determines thatmaintaining the current placementof such child is substantially likely to result in injury to the child or toothers.

      History:   L. 2005, ch. 171, § 18; July 1.