NAC388.308. Expedited hearing.

     1. A parent may request an expedited hearing if the hearing is to resolve a dispute concerning:

     (a) A determination of whether the behavior of the pupil is a manifestation of the disability of the pupil which is made pursuant to paragraph (b) of subsection 3 of NAC 388.265; or

     (b) A determination regarding a disciplinary change of placement of a pupil pursuant to 34 C.F.R. §§ 300.530 and 300.531, the services to be provided in the disciplinary placement or the interim alternative educational setting for services.

     2. A public agency may request an expedited hearing for a determination regarding the placement of a pupil in an appropriate interim alternative educational setting pursuant to 20 U.S.C. § 1415(k), if the public agency determines that the current placement of the pupil is substantially likely to result in injury to the pupil or others.

     3. An expedited hearing must be conducted in accordance with the provisions of NAC 388.306 and 388.310, except that the hearing must be conducted within 20 school days after the date on which the hearing is requested and must result in a determination within 10 school days after the hearing.

     4. If an expedited hearing is requested pursuant to this section, a resolution meeting must occur in accordance with NAC 388.307 within 7 days after receipt of the due process complaint requesting the expedited hearing unless the parent and the public agency agree in writing to waive the meeting or to use the mediation process pursuant to NAC 388.305. If a resolution is not reached to the satisfaction of both parties within 15 days after receipt of the due process complaint for an expedited hearing, the hearing may proceed within the timelines prescribed in subsection 3.

     5. Except as otherwise provided in 20 U.S.C. § 1415(k) or as otherwise agreed to by the parties, if a parent or public agency requests an expedited hearing, the pupil must remain in the pupil’s interim alternative educational setting until:

     (a) A decision is rendered by the hearing officer or, if an appeal is taken pursuant to NAC 388.315, the review officer; or

     (b) Expiration of the time period of removal ordered by school personnel in accordance with 34 C.F.R. § 300.530,

Ê whichever occurs first.

     (Added to NAC by Bd. of Education by R085-99, eff. 2-16-2000; A by R071-05, 2-23-2006; R058-07, 10-31-2007)