72-3434. Same; parental disagreement with determination; due process hearing and review. (a) The parent of a child with a disability who disagrees with any decision regarding placement, or the manifestation determination under K.S.A. 72-3433, and amendments thereto, or an agency that believes that maintaining the current placement of a child is substantially likely to result in injury to the child or to others, may request a hearing.
(b) A hearing officer appointed under this act shall hear, and make the determination regarding, an appeal requested under subsection (a).
(c) In making the determination under subsection (b), the hearing officer may order a change in placement 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 interim alternative educational setting for not more than 45 school days if the hearing officer determines that maintaining the current placement of such child is substantially likely to result in injury to the child or to others.
History: L. 2005, ch. 171, ยง 18; July 1.
Structure Kansas Statutes
Article 34 - Special Education
72-3406 Dispute resolution procedures; hearing officers and mediators, education and training, list.
72-3407 Education advocates, appointment and qualification; training programs.
72-3408 State advisory council for special education; composition; duties; expenses; meetings.
72-3411 Methods of compliance with requirements of act; powers and duties of boards of education.
72-3414 Reports by state board; furnishing of data by districts and state agencies.
72-3415 Due process hearing, initiation of; complaint notice; response to notice.
72-3417 Same; list and appointment of hearing officers; procedure.
72-3424 Technical advice and assistance by state department; recommendations.
72-3425 Catastrophic state aid; computation of amounts; apportionment; limitations.
72-3427 Assessment programs; participation by children with disabilities; reports to public.
72-3431 Rights of child with disability upon reaching 18 years of age.
72-3432 Notice of parental rights; contents.
72-3434 Same; parental disagreement with determination; due process hearing and review.
72-3435 Same; placement of child during pendency of due process proceedings.
72-3439 Transfer of records of an exceptional child when child changes school.
72-3440 Medicaid replacement state aid; computation of amount; limitation.
72-3441 Special education funding task force; membership; duties.
72-3462 Same; conditions for provision; location; transportation.
72-3463 Same; provision in connection with religious activity prohibited.
72-3471 Instruction in Braille; definitions.
72-3472 Same; providing instruction to all students.
72-3473 Same; individualized education plan.
72-3474 Same; certification of teachers; assessment procedures.