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

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

   1. (a) They cumulate to more than ten school days in a school year;
   2. (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

   3. (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.

Source: 26 SDR 150, effective May 22, 2000; 33 SDR 236, effective July 5, 2007.

General Authority: SDCL 13-37-1.1.

Law Implemented: SDCL 13-37-1.1.