Utah Admin. Code R277-621-3 - Determination of Alternative District of Residency
(1) A student's custodial parent or legal
guardian may request a determination that the student's district of residency
is a district other than where the student's custodial parent or legal guardian
resides by filing a written request with an alternative district.
(a) The Superintendent shall provide a model
form for use by a district to accept requests under this rule.
(b) A student request shall outline why the
student should receive resident services from an alternative district in
accordance with the criteria provided in:
(i)
Subsection
53A-2-201(2)(b)(iii);
or
(ii) Subsection
53A-2-201(2)(b)(iv).
(2) If an alternative
district receives a request under Subsection (1), a district review official
shall review the request and make a recommendation to the alternative
district's local school board or designee on whether the student should be
treated as a resident of the alternative district within ten business
days.
(3) The student's custodial
parent or legal guardian's district of residence is responsible for the
student's education services pending a decision by the local school board or
designee of an alternative district in accordance with this
R277-621-3.
(4) If the local school board or designee of
an alternative district approves a request under Subsection (1), the
alternative district shall assume responsibility for providing educational
services for the student and enroll the student immediately.
(5) The decision of the alternative
district's local school board or designee shall be in writing and set forth the
reasons for approving or denying the request in accordance with the statutory
criteria.
(6)
(a) If the alternative district denies a
student request, the student may appeal the decision within ten business days
to the Superintendent.
(b) The
Superintendent shall rule on a request under Subsection (6)(a) within ten
business days.
(7) If a
request for an alternative district of residence is approved for a student
qualifying for services under the IDEA, the alternative district shall conduct
an IEP meeting with representation from the alternative district and the former
district of residence under Subsection
53A-2-201(2)(a).
Notes
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