We are using our Toolbox Tuesdays to plow through the Q and A document promulgated by OSEP regarding student discipline. Section K is about the dispute resolution mechanisms that are available when there is a dispute over discipline. In a nutshell: all of them. Parents can seek mediation, if the district is also willing to mediate; parents can file a complaint with the state agency; parents can seek a due process hearing. If they go the hearing route, it must be done in “expedited” fashion—the hearing to be held within 20 school days of request, with a decision due ten school days after the hearing.  Lawyers call that the Rocket Docket.

I think this section of the Q and A omitted something important.  What happens to the student when the parties disagree about the manifestation determination, or the appropriateness of a DAEP placement?  Seems to me the Q and A should have mentioned the disciplinary stay-put rule here.  Here it is:

When an appeal under Section 300.532 has been made by either the parent or the LEA, the child must remain in the interim alternative educational setting pending the decision of the hearing officer or until the expiration of the time period specified in Section 300.530 (c) or (g), whichever occurs first, unless the parent and the SEA or LEA agree otherwise.  34 CFR 300.533

To translate that to simpler language: the student stays in the setting the ARD calls for, which is usually the DAEP.  That “interim alternative educational setting” (IAES) is determined by the ARD.  And if the ARD can’t agree?  Let’s go back to the Q and A Question F-6:

If [the parties do not agree], the LEA must make the determination and provide the parent with prior written notice…”

DAWG BONE: ALMOST DONE WITH THIS Q AND A REVIEW, AND I’LL BE HAPPY TO RETURN TO MORE INTERESTING CONTENT.

Got a question or comment for the Dawg?  Let me hear from you at jwalsh@wabsa.com. 

Tomorrow: is every depressed and anxious kid also “emotionally disturbed”?