Wash. Admin. Code § 392-172A-05125 - Student's status during proceedings
(1)
(a)
Except for due process hearings involving special education discipline
procedures, during the pendency of any administrative hearing or judicial
proceeding regarding the due process hearing proceedings, the student involved
in the hearing request must remain in his or her current educational placement,
unless the school district and the parents of the child agree
otherwise.
(b) The student's status
during the pendency of any proceedings does not preclude the IEP team from
meeting, as needed or as required under this chapter, and updating and
implementing the student's IEP, unless those changes are in dispute.
(2) If the hearing request
involves an application for initial admission to public school, the student,
with the consent of the parents, must be placed in the public school until the
completion of all the proceedings.
(3) If the hearing request involves an
application for initial Part B services for a child who is transitioning from
Part C of the act to Part B and is no longer eligible for Part C services
because the child has turned three, the school district is not required to
provide the Part C services that the child had been receiving. If the student
is found eligible for special education and related services and the parent
consents to the initial provision of special education and related services,
then the school district must provide those special education and related
services that are not in dispute between the parent and the school
district.
(4) If the administrative
law judge agrees with the student's parents that a change of placement is
appropriate, that placement must be treated as an agreement between the school
district and the parents for purposes of subsection (1) of this
section.
Notes
Statutory Authority: RCW 28A.155.090(7) and 42 U.S.C. 1400 et. seq. 07-14-078, § 392-172A-05125, filed 6/29/07, effective 7/30/07.
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