(1) As used in this section: (a) "Boundary change" means any change to the geographic boundary or school assignment that affects the location of an eligible student's special class. (b) (i) "Special class" means a placement on the continuum of alternative placements under the Individuals with Disabilities Education Act, 20 U.S.C. Sec. 1400 et seq. where an eligible student receives specially designed instruction in a class designated only for a student with a disability. (ii) "Special class" does not mean a special enrollment program as that term is defined in Subsection 53G-4-402(24). (2) (a) If a boundary change will result in the relocation of an eligible student's special class, the LEA where the eligible student is enrolled shall send the parent of the eligible student written notice of the boundary change: (i) at least 30 days before the effective date of the boundary change; (ii) that includes, at minimum: (A) a description of the action, including the reason for the boundary change and how the boundary change will impact the eligible student; (B) the name and location of the new school or program site; (C) instructions on how the parent may obtain more information about the boundary change; (D) key dates and a timeline for implementation; (E) information about the new school or program, including contact information for relevant staff; (F) information about scheduling an IEP meeting and other transfer services available to the eligible student; and (G) instructions on how the parent may obtain other logistical information relevant to the boundary change, including transportation arrangements; and (iii) through one or more of the following methods: (A) regular mail; (B) certified mail; (C) email; or (D) hand delivery. (b) Notwithstanding Subsection (2)(a), an LEA is not required to notify a parent if the boundary change that results in the relocation of an eligible student's special class occurs due to compliance with Subsection 53G-4-402(24). (3) Before implementing a boundary change that affects a special class an LEA shall: (a) provide a parent of an affected eligible student an opportunity to submit a written or verbal comment regarding the proposed boundary change; and (b) document and consider each comment the LEA receives before making a final decision. Carson Smith Opportunity Scholarship
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