Plain Text Law

Regulation .03 General Provisions.

Regulation .03 General Provisions.Copy Citation

A.
Notice of Enrollment or Imminent Enrollment.
(1)
Prior to or concurrent with the placement or modification of a placement of a child in State-supervised care, a placement agency responsible for the child in State-supervised care or the placement agency's designee shall provide notice to a receiving school regarding the enrollment or imminent enrollment of the child in State-supervised care.
(2)
The parent, education guardian, parent surrogate, foster parent, court-appointed attorney, or court-appointed special advocate acting on behalf of a child in State-supervised care may provide notice to a receiving school regarding the enrollment or imminent enrollment of the child in State-supervised care.
B.
Within 2 school days after receiving the notice set forth in §A of this regulation, a receiving school shall:
(1)
Inform the sending school of the enrollment or imminent enrollment of the child in State-supervised care;
(2)
Request, in writing, the educational records of the child in State-supervised care from the sending school;
(3)
Provide a copy of the request made under §B(2) of this regulation to the child in State-supervised care or the responsible adult acting on behalf of the child in State-supervised care; and
(4)
Inform the child in State-supervised care or the responsible adult acting on behalf of the child in State-supervised care of the rights set forth in this regulation.
C.
After receiving notice under §B of this regulation, a sending school shall:
(1)
Immediately inform the receiving school orally of the grade level in which the child in State-supervised care was last enrolled;
(2)
Immediately inform the receiving school orally of the status of the child in State-supervised care under §504 of the Rehabilitation Act of 1973, 29 U.S.C. §794 et seq. or under the Individuals with Disabilities Education Act, 20 U.S.C. §1400 et seq.; and
(3)
Within 3 school days following receipt of notice from the receiving school, send by regular first-class mail or transmit electronically to the receiving school a copy of:
(a)
A completed student withdrawal or transfer record of a child in State-supervised care;
(b)
The academic records of a child in State-supervised care;
(c)
The discipline records of a child in State-supervised care;
(d)
The immunization records of a child in State-supervised care; and
(e)
If applicable, the most recent individualized education program or Section 504 plan and the most recent assessment of a child in State-supervised care.
D.
Notwithstanding §C(3) of this regulation, a placement agency or school employee may hand carry the documents listed in §C(3) of this regulation from a sending school to a receiving school.
E.
Nothing in this chapter shall be construed as diminishing the right of a birth parent of a child in State-supervised care to participate in the educational decision making for the child.