Page:United States Statutes at Large Volume 111 Part 1.djvu/120

 Ill STAT. 96 PUBLIC LAW 105-17 -JUNE 4, 1997 "(B) ADDITIONAL REQUIREMENT.— If the public agency initiates disciplinary procedures applicable to all children, the agency shall ensure that the special education and disciplinary records of the child with a disability are transmitted for consideration by the person or persons making the final determination regarding the disciplinary action. "(6) PARENT APPEAL.— " (A) IN GENERAL.— "(i) If the child's parent disagrees with a determination that the child's behavior was not a manifestation of the child's disability or with any decision regarding placement, the parent may request a hearing. "(ii) The State or local educational agency shall arrange for an expedited hearing in any case described in this subsection when requested by a parent. "(B) REVIEW OF DECISION.— "(i) In reviewing a decision with respect to the manifestation determination, the hearing officer shall determine whether the public agency has demonstrated that the child's behavior was not a manifestation of such child's disability consistent with the requirements of paragraph (4)(C). "(ii) In reviewing a decision under paragraph (l)(A)(ii) to place the child in an interim alternative educational setting, the hearing officer shall apply the standards set out in paragraph (2). "(7) PLACEMENT DURING APPEALS.— "(A) IN GENERAL.— When a parent requests a hearing regarding a disciplinary action described in paragraph (l)(A)(ii) or paragraph (2) to challenge the interim alternative educational setting or the manifestation determination, the child shall remain in the interim alternative educational setting pending the decision of the hearing officer or until the expiration of the time period provided for in paragraph (l)(A)(ii) or paragraph (2), whichever occurs first, unless the parent and the State or local educational agency agree otherwise. "(B) CURRENT PLACEMENT.— If a child is placed in an interim alternative educational setting pursuant to paragraph (l)(A)(ii) or paragraph (2) and school personnel propose to change the child's placement after expiration of the interim alternative placement, during the pendency of any proceeding to challenge the proposed change in placement, the child shall remain in the current placement (the child's placement prior to the interim alternative educational setting), except as provided in subparagraph (C). "(C) EXPEDITED HEARING.— "(i) If school personnel maintain that it is dangerous for the child to be in the current placement (placement prior to removal to the interim alternative education setting) during the pendency of the due process proceedings, the local educational agency may request an expedited hearing. "(ii) In determining whether the child may be placed in the alternative educational setting or in

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