WAC 72-120-312   Placement during appeals.  (1) If a parent requests a hearing regarding a disciplinary action described in WAC 72-120-304 or 72-120-306 to challenge the interim alternative educational setting or the manifestation determination, the student must remain in the interim alternative educational setting pending the decision of the hearing officer or until the expiration of the forty-five day time period provided for, whichever occurs first, unless the parent and the school agree otherwise.

     (2) If a student is placed in an interim alternative educational setting pursuant to this section and school personnel propose to change the student's placement after expiration of the interim alternative placement, during the pendency of any proceeding to challenge the proposed change in placement the student must remain in the current placement (the student's placement prior to the interim alternative educational setting), except as provided for below.

     (3) In determining whether the student may be placed in the alternative educational setting or in another appropriate placement ordered by the hearing officer, the hearing officer shall apply the standards under WAC 72-120-306.

     (4) A placement ordered pursuant to this section may not be longer than forty-five days.

     (5) The procedure in this section may be repeated as necessary.



[Statutory Authority: RCW 72.4.011 [72.40.022]. 01-16-023, § 72-120-312, filed 7/20/01, effective 8/20/01.]