S.D. Admin. R. 24:05:26:02.01

Current through Register Vol. 51, page 67, December 16, 2024

Section 24:05:26:02.01 - Change of placement for disciplinary removals

For purposes of removal of a student with a disability from the student's current educational placement under this chapter, a change of placement occurs if:

(1) The removal is for more than ten consecutive school days; or

(2) The student is subjected to a series of removals that constitute a pattern because:

(a) They cumulate to more than ten school days in a school year;

(b) Of factors such as the length of each removal, the total amount of time the student is removed, and the proximity of the removals to one another; and

(c) The student's behavior is substantially similar to the student's behavior in previous incidents that resulted in the series of removals.

The public agency determines on a case-by-case basis whether a pattern of removals constitutes a change of placement. This determination is subject to review through due process and judicial proceedings.

S.D. Admin. R. 24:05:26:02.01

26 SDR 150, effective 5/22/2000; 33 SDR 236, effective 7/5/2007.

General Authority: SDCL 13-37-1.1.

Law Implemented: SDCL 13-37-1.1.