R277-621-3. Determination of Alternative District of Residency

  (1) A student's custodial parent or legal guardian may request a determination that the student's district of residency is a district other than where the student's custodial parent or legal guardian resides by filing a written request with an alternative district.

  (a) The Superintendent shall provide a model form for use by a district to accept requests under this rule.

  (b) A student request shall outline why the student should receive resident services from an alternative district in accordance with the criteria provided in:

  (i) Subsection 53A-2-201(2)(b)(iii); or

  (ii) Subsection 53A-2-201(2)(b)(iv).

  (2) If an alternative district receives a request under Subsection (1), a district review official shall review the request and make a recommendation to the alternative district's local school board or designee on whether the student should be treated as a resident of the alternative district within ten business days.

  (3) The student's custodial parent or legal guardian's district of residence is responsible for the student's education services pending a decision by the local school board or designee of an alternative district in accordance with this R277-621-3.

  (4) If the local school board or designee of an alternative district approves a request under Subsection (1), the alternative district shall assume responsibility for providing educational services for the student and enroll the student immediately.

  (5) The decision of the alternative district's local school board or designee shall be in writing and set forth the reasons for approving or denying the request in accordance with the statutory criteria.

  (6)(a) If the alternative district denies a student request, the student may appeal the decision within ten business days to the Superintendent.

  (b) The Superintendent shall rule on a request under Subsection (6)(a) within ten business days.

  (7) If a request for an alternative district of residence is approved for a student qualifying for services under the IDEA, the alternative district shall conduct an IEP meeting with representation from the alternative district and the former district of residence under Subsection 53A-2-201(2)(a).