§ 21-24-105 — Placement and attendance

(a) 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 and educational
assessments conducted at the school in the sending state if the
courses are offered and there is space available, as determined
by the school district. 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 subsection 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 courses.
(b) 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-placement in like programs in the
sending state, provided that the program exists in the school
and there is space available, as determined by the school
district. Such programs include, but are not limited to gifted
and talented programs and English as a second language (ESL).
This subsection does not preclude the school in the receiving
state from performing subsequent evaluations to ensure
appropriate placement of the student.
(c) In compliance with the federal requirements of the
Individuals with Disabilities Education Act (IDEA), 20 U.S.C.A.
section 1400 et seq., the receiving state shall initially
provide comparable services to a student with disabilities based
on his current individualized education program (IEP). In
compliance with the requirements of section 504 of the
Rehabilitation Act, 29 U.S.C.A. section 794, and with Title II
of the Americans with Disabilities Act, 42 U.S.C.A. sections
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 subsection does not preclude the school in the
receiving state from performing subsequent evaluations to ensure
appropriate placement of the student.
(d) Local education agency administrative officials shall
have flexibility in waiving course-program prerequisites or
other preconditions for placement in courses-programs offered
under the jurisdiction of the local education agency.
(e) 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 parent or legal guardian relative to such leave or
deployment of the parent or guardian.