24:05:26:02.01. Change of placement for disciplinary removals. 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) The removal is for more than ten consecutive school days; or
(2) The student is subjected to a series of removals that constitute a pattern because:
(a) They cumulate to more than ten school days in a school year;
(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
(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.
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