§ 300.533 Placement during appeals.

Plain English summary

When a parent or LEA appeals a disciplinary placement decision under § 300.532, the child must remain in the interim alternative educational setting (IAES) during the appeal. The child stays in the IAES until the hearing officer issues a decision or until the time period under § 300.530(c) or (g) expires, whichever comes first. This requirement can be modified only if the parent and the SEA or LEA mutually agree to a different placement.

Key requirements

• When an appeal under § 300.532 has been made by either the parent or the LEA, the child must remain in the interim alternative educational setting pending the decision of the hearing officer or until the expiration of the time period specified in § 300.530(c) or (g), whichever occurs first
• The child remains in the IAES unless the parent and the SEA or LEA agree otherwise

Affected parties

• parents
• students with disabilities subject to disciplinary removal
• local educational agencies (LEAs)
• state educational agencies (SEAs)
• hearing officers

Official source

https://www.ecfr.gov/current/title-34/part-300/section-300.533