Rule 24:05:30:14 Child's status during proceedings.
24:05:30:14. Child's status during proceedings. Except as
provided in chapters 24:05:26 and 24:05:26.01, during the pendency of any
administrative hearing or judicial proceeding regarding a due process complaint
notice requesting a due process hearing pursuant to this chapter, the child
involved must remain in the present educational placement unless the state or
school district and the parents agree otherwise. If the complaint involves an
application for initial admission to public school, the child, with the consent
of the parents, must be placed in the public school program until the
completion of all the proceedings.
If the complaint involves an
application for initial services under this article from a child who is
transitioning from Part C of the IDEA to Part B and is no longer eligible for
Part C services because the child has turned three, the district is not
required to provide the Part C services that the child had been receiving. If the child is found eligible for special education and related services
under Part B and the parent consents to the initial provision of special
education and related services, then the district must provide those special
education and related services that are not in dispute between the parent and
decision of a hearing officer in a due process hearing agrees with the child's
parents that a change of placement is appropriate, that placement must be
treated as an agreement between the state and the parents for purposes of
16 SDR 41, effective September 7, 1989; 23 SDR 31, effective September 8, 1996;
26 SDR 150, effective May 22, 2000; 33 SDR 236, effective July 5, 2007.
Authority: SDCL 13-37-1.1.
Implemented: SDCL 13-37-1.1.
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