Sec. 13a.08.07.03. General Provisions

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.