§ 20-38-3-5 — Placement and attendance

ARTICLE V. PLACEMENT AND
ATTENDANCE
A. When a student transfers before or during a school year, the
receiving state school initially shall honor placement of the student in
educational courses based on the student's enrollment in the sending
state school, on educational assessments conducted at the school in the
sending state if the courses are offered, or on both the enrollment and
assessments. Course placement includes honors, Cambridge
International, international baccalaureate, advanced placement,
vocational, technical, and career pathways courses. Continuing the
student's academic program from the previous school and promoting
placement in academically and career challenging courses are
paramount when considering placement. The school in the receiving
state may perform subsequent evaluations to ensure appropriate
placement and continued enrollment of the student in the courses.
B. The receiving state school initially shall honor placement of a
student in educational programs based on current educational
assessments conducted at the school in the sending state or by
participation or placement in similar programs in the sending state.
Similar programs include gifted and talented programs and English as
a second language programs. A school in a receiving state may perform
subsequent evaluations to ensure appropriate placement of a student.
C. In compliance with the federal requirements of the Individuals
with Disabilities Education Act, 20 U.S.C. 1400 et seq., the receiving
state shall initially provide comparable services to a student with
disabilities based on the student's current individualized education
program.
D. In compliance with the requirements of Section 504 of the
Rehabilitation Act, 29 U.S.C. 794, and with Title II of the Americans
with Disabilities Act, 42 U.S.C. 12131 through 12165, the receiving
state shall make reasonable accommodations and modifications to
address the needs of incoming students with disabilities, subject to an
existing 504 Plan or Title II Plan, to provide the student with equal
access to education. A school in a receiving state may perform
subsequent evaluations to ensure appropriate placement of a student.
E. Local education agency administrative officials have flexibility
in waiving course or program prerequisites or other preconditions for
placement in courses or programs offered under the jurisdiction of the
local education agency.
F. A student whose parent or legal guardian is an active duty
member of the uniformed services and has been called to duty for, is on
leave from, or has immediately returned from deployment to a combat
zone or combat support posting, shall be granted additional excused
absences at the discretion of the local education agency superintendent
to visit with the parent or legal guardian before the leave or
deployment.

Legislative History

As added by P.L.21-2009, SEC.1. Amended by P.L.191-2018, SEC.20.