Delaware Administrative Code
Title 14 - Education
900 - Special Populations
926 - Children with Disabilities Subpart E Procedural Safeguards for Parents and Children
Section 926-18.0 - Child's Status During Proceedings
Current through Register Vol. 28, No. 3, September 1, 2024
18.1 Except as provided in Section 33.0, during the pendency of any administrative or judicial proceeding regarding a due process complaint notice requesting a due process hearing under Section 7.0, unless the State or local agency and the parents of the child agree otherwise, the child involved in the complaint shall remain in his or her current educational placement.
18.2 If the complaint involves an application for initial admission to public school, the child, with the consent of the parents, shall be placed in the public school program until the completion of all the proceedings.
18.3 If the complaint involves an application for initial services under these regulations from a child who is transitioning from Part C of the Act to Part B and is no longer eligible for Part C services because the child has turned 3, the public agency is not required to provide the Part C services that the child had been receiving. 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 14 DE Admin. Code 925, subsection 1.2 then the public agency shall provide those special education and related services that are not in dispute between the parent and the public agency.
18.4 If the hearing panel in a due process hearing conducted by the DOE agrees with the child's parents that a change of placement is appropriate, that placement shall be treated as an agreement between the State and the parents for purposes of subsection 18.1.
(Authority: 20 U.S.C. 1415(j); 14 Del.C. §§ 3110, 3143)
