§8-60-72 - Student's status during proceedings.

§8-60-72 Student's status during proceedings. (a) Except as provided in section 8-60-78, during the pendency of any administrative or judicial proceeding regarding a due process complaint notice requesting a due process hearing under section 8-60-61, unless the

department 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 complaint 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 complaint involves an application for initial services from a student who is transitioning from Part C of the Act to Part B and is no longer eligible for Part C services because the student has turned three, the department is not required to provide the Part C services that the student had been receiving. If the student 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 section 8-60-31(b), then the department shall provide those special education and related services that are not in dispute between the parent and the department.

(d) If the hearing officer in a due process hearing conducted by the department 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 purposes of subsection (a).

[Eff 11/23/09] (Auth: 20 U.S.C. 1415(j), HRS §302A-1112) (Imp: 34 C.F.R. §300.518)

 

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