5113B - OPEN ENROLLMENT FOR STUDENTS WITH DISABILITIES
The resident school district is responsible for the screening of a child to determine if there is reasonable cause to believe that the child has a disability and should be referred for a special education evaluation. This should be done prior to the open enrollment of a student to another school district. The resident school district will inform the nonresident district of the student's need for special education.
When a child who is attending the District under open enrollment is referred for evaluation, the evaluation must be consistent with the requirements under the Individuals with Disabilities Education Act (IDEA) and State law. An IEP team is required to consult with appropriate personnel designated by the student's resident school district, in conjunction with the non-resident school district the student is attending.
When a child who is attending the District under the open enrollment program is subject to an annual IEP review, the review must be performed by staff appointed by the District in collaboration with staff designated by the student's resident school district.
The District will provide an appropriate educational program to implement the IEP of a child attending school under the full-time open enrollment program unless the IEP requires a special education program or services that are not available or in which no space is available. In those circumstances, the nonresident district may notify the student’s resident district that the program or services are not available in the nonresident district. If the student’s resident district is notified that the nonresident district does not have the required special education program or services or that there is no space available, then the resident district is responsible for providing an appropriate educational placement for the student.
The Department of Public Instruction will make aid transfer payments for all open enrolled students with disabilities in accordance with State law.
Procedural Safeguards
Once a student has transferred to the District under the Open Enrollment program, the District is responsible for the following:
Receiving referrals for students who are suspected of having a disability. (A referral may be made to either the nonresident or resident school district. Whichever school district receives the referral must notify the other school district.)
Appointment of an IEP Team (the resident school district must appoint a representative to the IEP team).
Conducting initial evaluations and re-evaluations.
Development and revisions to the IEP.
Notification and provision of procedural safeguards and due process.
Providing a placement.
The nonresident district must not change the placement of the child who is the subject of a hearing or court proceeding during the pendency of the hearing or court proceeding except where the parents' consent or the health and safety of the child or other person is endangered by delaying the change.
© Neola 2015