162.955. Change in assignment, prohibited, when--child endangering self or others, court order--placement of child during interim.
Change in assignment, prohibited, when--child endangering self orothers, court order--placement of child during interim.
162.955. 1. Except as otherwise provided in this section, during thependency of any administrative or judicial proceeding pursuant to sections162.961 and 162.963 no change in the assignment or status of a handicappedor severely handicapped child shall be made except that such change may bemade with the written consent of the parent or guardian. If writtenconsent cannot be obtained and the child is endangering himself or others,the assignment or status can be changed pursuant to court order, butwithout prejudice to any rights that the child and the parent or guardianmay have pursuant to sections 162.670 to 162.999 or otherwise pursuant tolaw.
2. During the pendency of any administrative or judicial proceedingpursuant to sections 162.961 and 162.963, to challenge a placement changedbecause of a disciplinary action to an interim alternative educationalsetting or to challenge the manifestation determination in connection witha disciplinary change of placement, the child shall remain in the interimalternative educational setting pending the due process hearing or untilexpiration of the time period of the interim alternative educationalsetting, whichever first occurs, unless the parent and responsible publicagency agree otherwise.
3. If during an interim alternative educational setting arrangedbecause of a disciplinary action involving weapons, drugs, or seriousbodily injury, or because the child is a danger to himself or others, theresponsible educational agency proposes to change the child's placementafter expiration of the interim placement, and the parents challenge theproposed change by requesting a due process hearing, the child shall remainin his current placement, which is the placement before the interimalternative educational setting, during pending proceedings to challengethe change. The responsible educational agency may request an expeditedhearing pursuant to section 162.961, if it is believed it is dangerous forthe child to remain in the current placement.
(L. 1973 H.B. 474 § 62, A.L. 1992 H.B. 1151, A.L. 1996 H.B. 1376 & 1501, A.L. 1998 H.B. 1683, A.L. 2005 H.B. 276, A.L. 2006 S.B. 834)