NC 1504-1.19 Child's Status During Proceedings

Plain English summary

This regulation establishes the 'stay-put' rule requiring that a child remain in their current educational placement during any pending administrative or judicial due process proceedings, unless the state, LEA, and parents mutually agree otherwise. Special provisions apply for children seeking initial public school admission, children transitioning from Part C to Part B services, and situations where a hearing officer or state review official agrees with parents that a placement change is appropriate. The rule protects the child's educational continuity while disputes are resolved.

Key requirements

• During the pendency of any administrative or judicial proceeding regarding a petition requesting a due process hearing under NC 1504-1.8, unless the State or LEA and the parents of the child agree otherwise, the child involved in the hearing must remain in his or her current educational placement.
• If the hearing involves an application for initial admission to public school, the child, with the consent of the parents, must be placed in the public school until the completion of all the proceedings.
• If the child is found eligible for special education and related services under Part B and the parent consents to the initial provision of special education and related services under NC 1503-1.1(b), then the LEA must provide those special education and related services that are not in dispute between the parent and the LEA.
• If the hearing officer in a due process hearing conducted by the Office of Administrative Hearings or a State review official in an administrative appeal agrees with the child's parents that a change of placement is appropriate, that placement must be treated as an agreement between the State and the parents for purposes of paragraph (a) of this section.
• The LEA is not required to provide the Part C services that the child had been receiving if the hearing involves an application for initial services from a child transitioning from Part C to Part B who is no longer eligible for Part C services because the child has turned 3.

Affected parties

• Students with disabilities involved in due process hearings
• Parents of children with disabilities
• Local Education Agencies (LEAs)
• State education agency
• Children transitioning from Part C to Part B services
• Office of Administrative Hearings hearing officers
• State review officials

Official source

https://www.dpi.nc.gov/documents/publications/catalog/ec144-policies-governing-services/open#page=94