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          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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