R277-437-4. Special Education Open Enrollment Requirements

  (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.