4 AAC 52.580. Placement of child during due process proceedings

(a) Except as provided in 4 AAC 52.550(g) , and as provided in (b) - (d) of this section, during the pendency of an administrative or judicial proceeding concerning the identification, evaluation, or educational placement of a child, unless the parties agree otherwise, the child shall remain in the educational placement that preceded the placement change that gave rise to the administrative or judicial proceeding.

(b) Notwithstanding (a) of this section, if the proceedings concern an application for initial admission to school, the child must, with the consent of a parent, be admitted to school until completion of all proceedings.

(c) If a parent requests a hearing or appeal regarding a disciplinary action taken under the provisions of 34 C.F.R. 300.520(a)(2) or 34 C.F.R. 300.521, to challenge the placement of a child in an interim alternative educational setting or to challenge a manifestation determination, the child shall remain in that placement during the pendency of the proceeding or until the expiration of the time for the placement, whichever occurs first, unless the parties agree otherwise.

(d) Notwithstanding (a) of this section, if a hearing officer, in a decision issued in a due process hearing conducted under 4 AAC 52.550, agrees with the child's parents that a change of placement is appropriate, the district shall place the child in the requested placement during any further proceedings as if the placement were the result of an agreement under (a) of this section.

History: Eff. 7/1/83, Register 86; am 11/26/93, Register 128; am 8/22/2001, Register 159; am 3/31/2002, Register 161; am 2/20/2004, Register 169

Authority: AS 14.07.060

AS 14.30.193

AS 14.30.335

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