Transfer of special education students--Nonresident district's responsibilities

Notwithstanding the provisions of §§ 13-28-44 and 13-37-8.4 , a request to transfer a student in need of special education or special education and related services may be granted only if the nonresident district: (1) Upon receipt of an open enrollment application, obtains copies of all relevant student education records on the student applying to open enroll from the resident district; (2) Completes a review of those relevant student education records; and (3) Directly communicates with the student's parent or guardian and representatives of the resident district regarding the student's special education or special education and related services needs. If the nonresident district confirms, based upon the records review and communications with the student's parent or guardian and representatives of the nonresident district, that it can provide an appropriate instructional program and facilities, including transportation, if necessary, to meet the needs of the student, it may proceed under the provisions of §