§ 20-7-1706 — Responsibilities Of Superintendent Of Public Instruction -- Rulemaking

20-7-1706 . Responsibilities of superintendent of public instruction -- rulemaking. (1) The superintendent of public instruction shall make information about the program accessible through printed informational materials and the office of public instruction website to parents, students, and school districts.
(2) The superintendent of public instruction shall ensure that parents of qualified students receive notice that participation in the program is a parental placement under the Individuals With Disabilities Education Act, 20 U.S.C. 1412, along with an explanation of the rights that parentally placed students possess under the Individuals With Disabilities Education Act and any applicable state laws and regulations.
(3) The superintendent of public instruction may remove a qualified student from eligibility for an account if the parent fails to comply with the terms of the contract signed pursuant to 20-7-1705 , knowingly misuses account funds, or knowingly fails to comply with the terms of the contract with intent to defraud. If a qualified student is removed from eligibility, the superintendent of public instruction shall suspend the qualified student from the program and shall notify the parent in writing that the qualified student has been suspended and that no further reimbursements from the account will be allowed. The notification must specify the reason for the suspension and state that the parent has 10 business days to respond and take corrective action. If the parent refuses or fails within the 10-day period to contact the superintendent of public instruction or provide information or make a report that is required for reinstatement, the superintendent of public instruction may remove the qualified student from the program pursuant to this subsection. A parent may appeal the superintendent of public instruction's decision pursuant to Title 2, chapter 4, part 6.
(4) The superintendent of public instruction may refer cases of substantial misuse of account funds to the attorney general for investigation if the superintendent of public instruction obtains evidence of fraudulent use of an account.
(5) The superintendent of public instruction shall establish rules necessary for administering the program that are limited to the following:
(a) establishment of no fewer than two time periods each year during which a student's parent may notify the superintendent of public instruction of the parent's desire for the student to participate in the program. Each time period must be at least 1 month long. One period must be between September 1 and January 1, and the other time period must be between March 1 and June 1, based on the superintendent of public instruction's determination of school district and parent needs.
(b) verification of student eligibility pursuant to 20-7-1703 ;
(c) creation of a parent contract pursuant to 20-7-1705 ;
(d) notification of the resident school district of the student's participation in the program;
(e) calculation of the amount of the ESA student amount;
(f) accounting guidance related to the money remitted by school districts under 20-7-1709 (2);
(g) establishment of participation agreements to create a trust interest in the special needs equal opportunity education savings trust established in 20-7-1710 and provision for participation in the program; and
(h) procedures for reimbursement for the purchase of allowable educational resources from a student's account.

Legislative History

En. Sec. 6, Ch. 616, L. 2023.