Iowa Admin. Code r. 281-41.518 - Child's status during proceedings
(1)
General. Except as provided in rule
281-41.533 (256B, 34CFR300 ),
during the pendency of any administrative or judicial proceeding regarding a
due process complaint notice requesting a due process hearing under rule
281-41.507 (256B, 34CFR300), unless the state or local agency and the parents of
the child agree otherwise, the child involved in the complaint must remain in
his or her current educational placement.
(2)
Initial admission to public
school. If the complaint involves an application for initial admission
to public school, the child, with the consent of the parents, must be placed in
the public school until the completion of all the proceedings.
(3)
Transition from Part C to Part
B. If the complaint involves an application for initial services under
this chapter from 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 reached the
age of three, the public agency is not required to provide the Part C services
that the child had been receiving. If the child 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 subrule
41.300(2), then the public agency must provide those special education and
related services that are not in dispute between the parent and the public
agency.
(4)
Administrative
law judge decision. If the administrative law judge in a due process
hearing conducted by the SEA agrees with the child's parents that a change of
placement is appropriate, that placement must be treated as an agreement
between the state and the parents for purposes of subrule 41.518(1).
(5)
Mediation requested prior to the
filing of a due process complaint. Except as provided in rule
281-41.533 (256B, 34CFR300), during the pendency of any request for mediation
filed prior to or in lieu of a due process complaint under rule
281-41.506 (256B, 34CFR300) and for ten days after any such mediation conference
at which no agreement is reached, unless the state or local agency and the
parents of the child agree otherwise, the child involved in any such mediation
conference must remain in his or her current educational
placement.
Notes
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