La. Admin. Code tit. 28 § XLIII-536

Current through Register Vol. 50, No. 4, April 20, 2024

Section XLIII-536 - Change of Placement because of Disciplinary Removals

A. For purposes of removals of a student with a disability from the student's current educational placement under §530 through 535, a change of placement occurs if:

1. the removal is for more than 10 consecutive school days; or

2. the student has been subjected to a series of removals that constitute a pattern:

a. because the series of removals total more than 10 school days in a school year;

b. because the student's behavior is substantially similar to the student's behavior in previous incidents that resulted in the series of removals; and

c. because of such additional factors as the length of each removal, the total amount of time the student has been removed, and the proximity of the removals to one another.

1. The public agency determines on a case-by-case basis whether a pattern of removals constitutes a change of placement.

2. This determination is subject to review through due process and judicial proceedings.

La. Admin. Code tit. 28, § XLIII-536

Promulgated by the Board of Elementary and Secondary Education, LR 34:2079 (October 2008).

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