AMENDMENT FOR PRINTED BILL
1133ca
___________________ moved that HB 1133 be amended as follows:
On the printed bill, delete everything after the enacting clause and insert:
"
Section
1.
That
§
13-28-42.1
be amended to read as follows:
13-28-42.1.
Notwithstanding the provisions of
§
§
13-28-44 and 13-37-8.4, a request to transfer
a student in need of special education or special education and related services may be granted only
if
the nonresident district:
(1) Upon receipt of an open enrollment application, obtains copies of all relevant student
education records on the student applying to open enroll from the resident district;
(2) Completes a review of those relevant student education records; and
(3) Directly communicates with the student's parent or guardian and representatives of the
resident district regarding the student's special education or special education and related
services needs.
If the nonresident district confirms, based upon the records review and communications with the
student's parent or guardian and representatives of the nonresident district, that it can provide an
appropriate instructional program and facilities, including transportation, if necessary, to meet the
needs of the student, it may proceed under the provisions of
§
13-28-43. If the nonresident district
is not able to make that confirmation, the nonresident district shall initiate an individual education
program team meeting consisting of representatives from both the resident and nonresident districts
to determine whether the nonresident district can provide an appropriate instructional program,
facilities, and transportation, if necessary.
A request to transfer a student in need of special education or special education and related
services may be denied only pursuant to
§
13-28-44 or if
an
individualized
individual
education
program team consisting of representatives from the resident and nonresident districts determines
that the nonresident district
can
cannot
provide an appropriate instructional program and facilities,
including transportation, to meet the student's needs.
If
Notwithstanding the provisions of
§
§
13-37-
1.3 and 13-37-8.4, if
the request to transfer is granted, the nonresident district is responsible for the
provision of a free appropriate public education for the student in need of special education or special
education and related services. Notwithstanding the provisions of
§
13-28-45, the
individualized
education program team
nonresident district
shall also determine whether the student in need of
special education requires transportation as a related service. If so, the nonresident district shall
provide or ensure the provision of transportation within the boundaries of the attendance center to
which the student is assigned.
If a parent or guardian of a student in need of special education or special education and related
services requests to transfer the student back to the resident district, the
individualized education
program team shall consider the request
provisions of
§
13-28-43 apply
.
Section
2.
That
§
13-28-44
be amended to read as follows:
13-28-44.
Each school district by November 1, 1997
,
shall by resolution adopt relevant standards
for the acceptance and rejection of an application to enroll in the district under the provisions of
§
§
13-28-40 to 13-28-47, inclusive. The board shall adopt standards through official board action,
set them forth in writing, and make them available to any individual upon receiving an oral or written
request. Standards shall be limited to the capacity of a program, class, grade level, and school
building operated by the board and the pupil/teacher ratio. Discrimination based on race, gender,
religious affiliation, or disability is prohibited. If two or more children from a family residing in the
same household must enroll in different school districts as the result of a board's denial of an
application to transfer from a resident district or to enroll in a nonresident district under the
provisions of
§
§
13-28-40 to 13-28-47, inclusive, neither the resident board nor the nonresident
board may deny the application.
However, two or more children from a family residing in the same
household who are eligible for kindergarten through twelfth grade may open enroll only if, pursuant
to
§
13-28-42.1, the nonresident district can provide an appropriate instructional program and
facilities, including transportation, for the child in need of special education or special education and
related services. If the nonresident district cannot meet the provisions of
§
13-28-42.1 for the child
in need of special education or special education and related services, the nonresident district may
deny that child's application for open enrollment.
The decision of a local school board regarding a student's application for open enrollment or a
request to return to the resident district under the provisions of
§
§
13-28-40 to 13-28-47, inclusive,
is subject to de novo appeal under the provisions of chapter 13-46. The Department of Education
may promulgate rules pursuant to chapter 1-26 specifying procedural and administrative
requirements for the implementation of the open enrollment program and related transfers and
enrollments under the provisions of
§
§
13-28-40 to 13-28-47, inclusive.
"