For purposes of removals of a student eligible for special education from the student's current educational placement, because of disciplinary removals, a change of placement occurs if:
(1) The removal is for more than ten consecutive school days; or
(2) The student has been subjected to a series of removals that constitute a pattern:
(a) Because the series of removals total more than ten school days in a school year;
(b) Because the student's behavior is substantially similar to the student's behavior in previous incidents that resulted in the series of removals; and
(c) Because of such additional factors as the length of each removal, the total amount of time the student has been removed, and the proximity of the removals to one another.
(3) The school district determines on a case-by-case basis whether a pattern of removals constitutes a change of placement.
(4) The determination regarding a disciplinary change of placement is subject to review through due process and judicial proceedings.
[Statutory Authority: RCW 28A.155.090(7) and 42 U.S.C. 1400 et. seq. 07-14-078, § 392-172A-05155, filed 6/29/07, effective 7/30/07.]