511 IAC 7-44-2 Disciplinary change of placement

Sec. 2. (a) Consistent with other requirements in this rule, the public agency may consider any unique circumstances on a case-by-case basis when determining whether a change in placement is appropriate for a student with a disability who violates a code of student conduct. Unique circumstances include, but are not limited to, the following: (1) A student's: (A) disciplinary history; and (B) ability to understand consequences. (2) Supports provided to the student prior to violating a code of student conduct. (3) Other relevant considerations. (b) A removal or a series of removals from a student's current educational placement results in a change of placement under this rule in the following situations: (1) The removal is for more than ten (10) consecutive instructional days; or (2) The student is subjected to a series of removals that constitute a pattern because: (A) the series of removals cumulate to more than ten (10) instructional days in a school year; (B) the student's behavior is substantially similar to the student's behavior in previous incidents that resulted in the series of removal; and (C) of such additional factors as the: (i) length of each removal; (ii) cumulative amount of time the student has been removed; and (iii) proximity of the removals to one another. (c) The public agency determines on a case-by-case basis whether a series of removal under subsection (b)(2) constitutes a pattern that results in a change of placement for the student. (d) The parent of a student with a disability who disagrees with a decision regarding a student's change of placement under this rule may request the following: (1) Mediation in accordance with 511 IAC 7-45-2. (2) A due process hearing in accordance with 511 IAC 7-45-3 or 511 IAC 7-45-10. (3) Simultaneously, mediation and a due process hearing. (e) Upon a parent's request for a due process hearing, the state educational agency shall arrange for an expedited hearing pursuant to 511 IAC 7-45-10. (f) In reviewing a decision regarding change of placement, an independent hearing officer may return the student with a disability to the placement from which the student was removed if the hearing officer determines that the removal was a violation of this rule.