3. The
cost of any reimbursement described in
paragraph (2) above may be reduced or denied if:
(a)at the most recent
IIEP meeting that the parents attended prior to removal of the child from the public
school the parents failed to inform the IEP team that they were rejecting the
placement proposed by the school district to provide a free appropriate public
education to the child, including stating their concerns and their intent to
enroll their child in private school at public expense; or the parents failed,
at least 10 business days (including any holidays that occur on a business day)
prior to removal of the child from the public school, to give the school
district written notice that they were rejecting the placement proposed by the
school district to provide a free appropriate public education to the child,
including stating their concerns and their intent to enroll their child in
private school at public expense; (b)prior to the parents’ removal of the child
from the public school, the school district has notified the parents in writing
of its intent to evaluate the child with a statement of an appropriate and
reasonable purpose of such evaluation, but the parents did not make the child
available for the evaluation; or (c)upon a judicial finding of unreasonableness
with respect to actions taken by the parents.
4. Reimbursement may not be reduced or denied for failure
of the parent to provide notice referred to above if (a)the parent is illiterate
and cannot write in English; (b)compliance with the notice requirements would
result in physical or serious emotional harm to the child; (c)the school
prevented the parent from providing the notice; or (d)the parent had not
received this notice of rights.
INTERIM
ALTERNATIVE EDUCATIONAL SETTING:
1. If your child carries a weapon to school or to a
school function or if your child knowingly possesses or uses illegal drugs or
sells or solicits the sale of a controlled substance while at school or a
school function, school district personnel may order a change in the placement
of your child to (a)an appropriate interim alternative educational setting,
another setting, or suspension, for not more than 10 school days (to the extent
such alternatives would be applied to children without disabilities) and (b)an
appropriate interim alternative educational setting for the same amount of time
that a child without a disability would be subject to discipline, but for not
more than 45 days. The alternative education setting shall be determined
by the IEP team.
2. Either before or not later than 10 days after taking a
disciplinary action described in paragraph (1) of this section, the school
district shall convene an IEP meeting to develop an assessment plan to address
the behavior if the school district did not conduct a functional behavioral
assessment and implement a behavioral intervention plan for your child before
the behavior that resulted in the suspension described in paragraph (1); or if
your child already has a behavioral intervention plan, the IEP Team shall
review and modify it, as necessary, to address the behavior.
3. A hearing officer may order a change in the placement
of your child to an appropriate interim alternative educational setting for not
more than 45 days if the hearing officer (a)determines that the school
district has demonstrated by substantial evidence that maintaining the current
placement of your child is substantially likely to result in injury
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August 1997