(a) Status during hearings on any of the matters relating to the identification, evaluation, or educational placement of a child with a disability or the provision of FAPE to the child.

1. (1) Except as provided for in 34 C.F.R. § 300.533 and 6 CAR § 130-1106, during the pendency of any administrative or judicial proceeding regarding a due process complaint notice requesting a due process hearing under 34 C.F.R. § 300.507 and this part, 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. (2) 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. (3) If the decision of a hearing officer in a due process hearing agrees with the child’s parents that a change of placement is appropriate, that placement must be treated as an agreement between the state or local agency and the parents for purposes of subdivision (a)(1) of this section.

4. (4)

   1. (A) If the complaint involves an application for initial services under this section 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 turned three (3), the public agency is not required to provide the Part C services that the child had been receiving.
   2. (B) 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 34 C.F.R. § 300.300(b), then the public agency must provide those special education and related services that are not in dispute between the parent and the public agency.