Current through December 10, 2024
Section 7-34-E-300.518 - Child's status during proceedings(a) Except as provided in §300.533, during the pendency of any administrative or judicial proceeding regarding a due process complaint notice requesting a due process hearing under §300.507, unless the MDE 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.(b) 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.(c) If the complaint involves an application for initial services under this part from a child who is transitioning from Part C of IDEA to Part B and is no longer eligible for Part C services because the child has turned three (3), 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 §300.300(b), then the public agency must provide those special education and related services that are not in dispute between the parent and public agency.(d) If the hearing officer in a due process hearing conducted by the MDE agrees with the child's parents that a change of placement is appropriate, that placement must be treated as an agreement between the MDE and the parents for purposes of paragraph (a) above.7 Miss. Code. R. 34-E-300.518