Section 511IAC7-44-4. Removals of more than 10 consecutive days or 10 cumulative days that result in a change of placement

   (a) When a decision is made to make a removal that constitutes a change of placement, the public agency must notify the student's parent and provide the parent with the notice of procedural safeguards described in 511 IAC 7-37-1. A change of placement occurs when a student has been removed for more than ten (10):

(1) consecutive instructional days in the same school year; or

(2) cumulative instructional days in the same school year if the removals constitute a pattern that results in a change of placement under section 2(a)(2) of this rule.

  (b) The notice required in subsection (a) must be provided by the public agency on the date the public agency decides to make a removal that results in a change of placement. The public agency must make and document reasonable efforts to:

(1) notify the parents of that decision; and

(2) provide the parents with the notice of procedural safeguards.

  (c) If the public agency is unable to notify the parent on the date a decision is made under subsection (b), notice must be mailed to the parent not later than the following business day.

  (d) A manifestation determination must be conducted according to the requirements in section 5 of this rule. (Indiana State Board of Education; 511 IAC 7-44-4; filed Jul 14, 2008, 1:24 p.m.: 20080813-IR-511080112FRA; readopted filed Nov 6, 2014, 3:23 p.m.: 20141203-IR-511140382RFA)