Authority: IC 20-19-2-8; IC 20-19-2-16

Affected: IC 20-19-2; IC 20-35

Sec. 2. (a) Consistent with other requirements in this rule, the public agency may consider any unique circumstances on a case-by-case basis when determining whether a change in placement is appropriate for a student with a disability who violates a code of student conduct. Unique circumstances include, but are not limited to, the following:

1. (1) A student's:

   1. (A) disciplinary history; and
   2. (B) ability to understand consequences.
2. (2) Supports provided to the student prior to violating a code of student conduct.
3. (3) Other relevant considerations.

(b) A removal or a series of removals from a student's current educational placement results in a change of placement under this rule in the following situations:

1. (1) The removal is for more than ten (10) consecutive instructional days; or

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

   1. (A) the series of removals cumulate to more than ten (10) instructional days in a school year;
   2. (B) the student's behavior is substantially similar to the student's behavior in previous incidents that resulted in the series of removal; and

   3. (C) of such additional factors as the:

      1. (i) length of each removal;
      2. (ii) cumulative amount of time the student has been removed; and
      3. (iii) proximity of the removals to one another.

(c) The public agency determines on a case-by-case basis whether a series of removal under subsection (b)(2) constitutes a pattern that results in a change of placement for the student.

(d) The parent of a student with a disability who disagrees with a decision regarding a student's change of placement under this rule may request the following:

1. (1) Mediation in accordance with 511 IAC 7-45-2.
2. (2) A due process hearing in accordance with 511 IAC 7-45-3 or 511 IAC 7-45-10.
3. (3) Simultaneously, mediation and a due process hearing.

(e) Upon a parent's request for a due process hearing, the state educational agency shall arrange for an expedited hearing pursuant to 511 IAC 7-45-10.

(f) In reviewing a decision regarding change of placement, an independent hearing officer may return the student with a disability to the placement from which the student was removed if the hearing officer determines that the removal was a violation of this rule.

(Indiana State Board of Education; 511 IAC 7-44-2; filed Jul 14, 2008, 1:24 p.m.: 20080813-IR-511080112FRA; readopted filed Nov 6, 2014, 3:23 p.m.: 20141203-IR-511140382RFA; readopted filed Dec 1, 2020, 1:48 p.m.: 20201230-IR-511200548RFA; filed Mar 4, 2024, 10:02 a.m.: 20240403-IR-511230504FRA)