A parent challenging a finding that conduct is not a manifestation of a disability has the “burden of persuasion” (i.e., the parent has the obligation to produce evidence and witnesses that persuade the hearing officer that conduct was due to disability).
A BSEA hearing officer may
- order an interim alternative education setting for up to 45 school days if it is determined that maintaining the current placement is likely to result in injury to the student or to others; or
- return the student to his/her original placement if it is determined that the behavior was a manifestation of the student’s disability.
20 USC 1415(3)(B)(ii); 34 CMR 300.532(b)(2).