§ 53E-3-1203 — Course placement -- Extracurricular activities.

(1) As used in this section:
(1)(a) "Course placement" means placing a transferring student in an educational course or program provided by a school.
(1)(b) "Educational course or program" means the following courses or programs:
(1)(b)(i) honors, international baccalaureate, advanced placement, vocational, technical, career pathways, and English as a second language courses; and
(1)(b)(ii) gifted and talented programs.
(2) (2)(a) A school that enrolls a transferring student as described in Section 53E-3-1202 shall, when determining course placement for the transferring student, place the transferring student in educational courses or programs based on the transferring student's course placement in the sending state's school or educational assessments conducted at the school in the sending state.
(2)(b) Subsection (2)(a) does not prohibit the school from performing additional evaluations after the transferring student is enrolled to ensure appropriate placement and continued enrollment of the student in the educational course or program.
(3) When a school makes a course placement determination under this section, the school shall attempt to the best of the school's ability to ensure the continuance of the transferring student's academic program from the transferring student's previous school and place the transferring student in academically and career challenging courses.
(4) (4)(a) In compliance with the requirements of the Individuals with Disabilities Education Act, 20 U.S.C. Sec. 1400 et seq., a school that enrolls a transferring student with disabilities shall provide comparable services to the transferring student based on the transferring student's current IEP.
(4)(b) In compliance with the requirements of Section 504 of the Rehabilitation Act, 29 U.S.C. Sec. 794, and with Title II of the Americans with Disabilities Act, 42 U.S.C. Secs. 12131-12165, a school that enrolls a transferring student with disabilities shall make reasonable accommodations and modifications to address the needs of the transferring student, subject to an existing Section 504 accommodation plan, to provide the transferring student with equal access to education.
(4)(c) Subsection (4)(b) does not preclude the school from performing additional evaluations after the transferring student is enrolled to ensure appropriate placement of the transferring student.
(5) An LEA's administrative officials may waive requirements or other prerequisites for any course placement in an educational course or program under this section.
(6) An LEA shall facilitate the opportunity for a transferring student to be included in extracurricular activities, regardless of application deadlines, to the extent the transferring student is otherwise qualified to participate in the extracurricular activities.

Legislative History

Enacted by Chapter 438, 2025 General Session