Discipinary Stay-Put: Placement during disciplinary appeals

ANSWER:

The "stay put" placement for disciplinary appeals is the interim alternate educational setting.

No matter who appeals the disciplinary decision, Sec. 1415(k)(4)(A) clearly states that the child remains in the alternate setting (the  placement chosen by the IEP team as a consequence of the behavior) until either:
  • The time of the suspension/expulsion ends, or
  • The hearing officer, at the end of the appeal, decides the child should return to his or her usual placement.
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LIMITATIONS OF THE TOOL:
The tool currently only includes the federal requirements. Federal requirements apply in all states and states may add on (but not subtract) from the Federal laws. The tool doesn't currently incorporate court decisions or other authoritative interpretation of the law that can clarify issues not explicitly clear from the statute or regulations alone.

Copyright 2008, Matthew J. Stowe. All rights reserved.