The Child's Placement During the Appeal Process
This issue of NASET’s Resolving Disputes with Parents 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 (IAES) to which he or she has been removed, or another setting that the parents and the school system agree to? The general answer is the “default” placement during an appeal is the 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.
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