Section 511IAC7-44-2. Disciplinary change of placement

   (a) 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.

(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 removals; 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.

  (b) The public agency determines on a case-by-case basis whether a series of removals under subsection (a)(2) constitutes a pattern that results in a change of placement for the student.

  (c) The public agency may consider any unique circumstances on a case-by-case basis when determining whether a change in placement, consistent with other requirements in this rule, is appropriate for a student with a disability who violates a code of student conduct. Unique circumstances may include 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.

  (d) The public agency does not need parental consent for a disciplinary change of placement under this rule.

  (e) 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.

  (f) Upon a parent's request for a due process hearing, the department of education shall arrange for an expedited hearing pursuant to 511 IAC 7-45-10.

  (g) 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. (Indiana State Board of Education; 511 IAC 7-44-2; filed Jul 14, 2008, 1:24 p.m.: 20080813-IR-511080112FRA; readopted filed Nov 6, 2014, 3:23 p.m.: 20141203-IR-511140382RFA)