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WAC 72-120-306: Dangerous behavior—Authority of hearing officer


Published: 2015

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WACs > Title 72 > Chapter 72-120 > Section 72-120-306











72-120-305    

72-120-307







No agency filings affecting this section since 2003







WAC 72-120-306









Dangerous behavior—Authority of hearing officer.









A hearing officer, described in WAC 392-172-352 (adopted by reference in WAC 72-171-601), may order a change in the placement of a student to an appropriate interim alternative educational setting for not more than forty-five days if the hearing officer, in an expedited due process hearing:
(1) Determines that the school has demonstrated by substantial evidence that maintaining the current placement of the student is substantially likely to result in injury to the student or to others;
(2)(a) Considers the appropriateness of the student's current placement;
(b) Including, when necessary, the requirements and limitations imposed by RCW 72.40.040(4), 72.40.050(2), 72.40.250(2), and 72.40.270;
(3) Considers whether the school has made reasonable efforts to minimize the risk of harm in the student's current placement, including the use of supplementary aids and services; and
(4) Determines that the interim alternative educational setting that is proposed by school personnel who have consulted with the student's special education teacher meets the requirements of WAC 72-120-307.
[Statutory Authority: RCW 72.4.011 [72.40.022]. WSR 01-16-023, § 72-120-306, filed 7/20/01, effective 8/20/01.]