<?xml version='1.0' encoding='utf-8'?>
<regulation prefix="Regulation" num=".09" citation="COMAR 13A.08.03.09" title_num="13A" subtitle_num="08" chapter_num="03" heading="Parents' Right to Appeal and Student Placement.">
  <paragraph num="A.">
    <text>The parents of the student may file a due process complaint as set forth in COMAR 13A.05.01.15C if the parents disagree with the public agency regarding:</text>
    <paragraph num="(1)">
      <text>Disciplinary removals, as set forth in Regulation .03B and Regulation .05 of this chapter;</text>
    </paragraph>
    <paragraph num="(2)">
      <text>The determination of whether the student's behavior is a manifestation of the student's disability, as set forth in Regulation .08 of this chapter; or</text>
    </paragraph>
    <paragraph num="(3)">
      <text>The interim alternative educational setting, as set forth in Regulation .06 of this chapter.</text>
    </paragraph>
  </paragraph>
  <paragraph num="B.">
    <text>If the parents file a due process complaint in accordance with §A of this regulation, the  Office of Administrative Hearings shall schedule an expedited due process hearing as set forth in Education Article, §8-413, Annotated Code of Maryland.</text>
  </paragraph>
  <paragraph num="C.">
    <text>The student shall remain in the interim alternative educational setting pending the decision of the administrative law judge or until the expiration of the interim alternative educational setting, whichever occurs first, unless the parents and the public agency agree on another course of action.</text>
  </paragraph>
  <paragraph num="D.">
    <text>If the public agency proposes to change the student's current educational placement after the expiration of the student's placement in an interim alternative educational setting, and the parents file a due process complaint to challenge the proposed change of placement, the student shall return to the student's educational placement before removal to an interim alternative educational setting.</text>
  </paragraph>
  <paragraph num="E.">
    <text>At an expedited due process hearing on disciplinary actions as set forth in §B of this regulation, the administrative law judge may:</text>
    <paragraph num="(1)">
      <text>Return the student with a disability to the placement from which the student was removed; or</text>
    </paragraph>
    <paragraph num="(2)">
      <text>Order a change in placement of a student with a disability to an appropriate interim alternative educational setting for not more than 45 school days if the administrative law judge determines that maintaining the current placement is substantially likely to result in injury to the student or others.</text>
    </paragraph>
  </paragraph>
  <paragraph num="F.">
    <text>The public agency may repeat the procedures set forth in Regulation .06D of this chapter as necessary if a public agency believes that:</text>
    <paragraph num="(1)">
      <text>The student continues to be dangerous;</text>
    </paragraph>
    <paragraph num="(2)">
      <text>Returning the student to the student's placement before placement in an interim alternative educational setting is substantially likely to result in injury to the student or others; and</text>
    </paragraph>
    <paragraph num="(3)">
      <text>The student should remain in an interim alternative educational setting as set forth in Regulation .06A and F of this chapter.</text>
    </paragraph>
  </paragraph>
</regulation>