Child's Placement During the Appeal Process

Discipline of Students in Special Education Series

Part 6 of 9

Child's Placement During the Appeal Process

Introduction

The “default” placement during an appeal is the interim alternative educational setting (IAES). IDEA states that the child must remain in the IAES chosen by the IEP team until the hearing officer makes his or her decision on the appeal—or the time period specified in §300.530(c) or (g) expires, whichever comes first, unless the parent and the SEA or LEA agree otherwise. The focus of this issue of NASET’s Discipline of Students with Disabilities’ Series addresses a common concern—the child’s placement during the appeal process. Where will the child be placed until a decision on the appeal is issued—the original placement from which the child was removed during the disciplinary action, the interim alternative educational setting to which he or she has been removed, or another setting that the parents and the school system agree to?

To access the full issue of this month's Discipline of Students in Special Education Series, NASET members should login to view and or download a PDF file version.

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