Authority of Hearing Officer. The appeal hearing officer shall not have the power to alter, amend, change, add to, or subtract from any of the terms of these Procedures.
Authority of Hearing Officer. A hearing officer under this section may order a change in the placement of a child with a disability to an appropriate interim alternative educational setting for not more than 45 days if the hearing officer --
(A) determines that the public agency has demonstrated by substantial evidence that maintaining the current placement of such child is substantially likely to result in injury to the child or to others;
(B) considers the appropriateness of the child's current placement;
(C) considers whether the public agency has made reasonable efforts to minimize the risk of harm in the child's current placement, including the use of supplementary aids and services; and
(D) determines that the interim alternative educational setting meets the requirements of paragraph (3)(B).
