La. Admin. Code tit. 28 § XLIII-518

Current through Register Vol. 50, No. 3, March 20, 2024

Section XLIII-518 - Student Status during Proceedings

A. Except as provided in §533, during the pendency of any administrative or judicial proceeding regarding a request for due process hearing under §507, unless the state or local agency and the parents of the student agree otherwise, the student involved in the complaint shall remain in his or her current educational placement.

B. If the request for due process hearing involves an application for initial admission to public school, the student, with the consent of the parents, shall be placed in the public school until the completion of all the proceedings.

C. If the request for due process hearing involves an application for initial services for 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 public agency 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 under §301. B, then the public agency shall provide those special education and related services that are not in dispute between the parent and the public agency.

D. If the hearing officer in a due process hearing conducted pursuant to §507-513 or §530-534 agrees with the student's parents that a change of placement is appropriate, that placement shall be treated as an agreement between the state and the parents for the purposes of Subsection A of this Section.

La. Admin. Code tit. 28, § XLIII-518

Promulgated by the Board of Elementary and Secondary Education, LR 34:2075 (October 2008), amended LR 38:2368 (September 2012).

AUTHORITY NOTE: Promulgated in accordance with R.S. 17:1941 et seq.