§ 16-92-6. Placement and attendance.
(a) Course placement. When the student transfers before or during the school year, the receiving state school
shall initially honor placement of the student in educational courses based on the
student's enrollment in the sending state school, educational assessments conducted
at the school in the sending state, or both, if the courses are offered. Course placement
includes, but is not limited to, honors, 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 should be paramount when considering placement. This does not
preclude the school in the receiving state from performing subsequent evaluations
to ensure appropriate placement and continued enrollment of the student in the course
or courses.
(b) Educational program placement. The receiving state school shall initially honor placement of the student in educational
programs based on current educational assessments conducted at the school in the sending
state or participation or placement in like programs in the sending state. Such programs
include, but are not limited to: (1) Gifted and talented programs; and (2) English
as a second language (ESL). This does not preclude the school in the receiving state
from performing subsequent evaluations to ensure appropriate placement of the student.
(c) Special education services. (1) In compliance with the federal requirements of the Individuals with Disabilities
Education Act (IDEA), 20 U.S.C.A. §â€‚1400 et seq., the receiving state shall initially provide comparable services to a student
with disabilities based on his or her current Individualized Education Program (IEP);
and (2) In compliance with the requirements of Section 504 of the Rehabilitation Act,
29 U.S.C.A. §â€‚794, and with Title II of the Americans with Disabilities Act, 42 U.S.C.A. §§â€‚12131 —12165, the receiving state shall make reasonable accommodations and modifications to address
the needs of incoming students with disabilities, subject to an existing 504 or Title
II Plan, to provide the student with equal access to education. This does not preclude
the school in the receiving state from performing subsequent evaluations to ensure
appropriate placement of the student.
(d) Placement flexibility. Local education agency administrative officials shall 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.
(e) Absence as related to deployment activities. A student whose parent or legal guardian is an active duty member of the uniformed
services, as defined by the compact, and has been called to duty for, is on leave
from, or 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 his or her parent or legal guardian relative to
such leave or deployment of the parent or guardian.