(1) When considering an open enrollment request for a student who qualifies for special education services, a nonresident district shall:
- (a) consider the individual needs of the student and whether the nonresident district can meet the student's needs when determining whether there is capacity to accept the student; and
- (b) establish policies and procedures for open enrollment that do not have the effect of discriminating against a student who qualifies for special education services.
- (2) The policies and procedures described in Subsection (1), as applied or implemented, may not lead to the categorical denial of accepting a nonresident student who qualifies for special education services.
- (3) The Superintendent may provide model policies that meet the requirements of this section.
KEY: public education, enrollment options
Date of Last Change: January 9, 2019
Notice of Continuation: September 11, 2023
Authorizing, and Implemented or Interpreted Law: Art X Sec 3; 53E-3-401(1)(b); 53G-6-405; 53G-6-401 et seq.; 53E-3-401(4)