§4037.9. Students with exceptionalities

            A. If a participating student enrolled in a participating nonpublic school would have been entitled to receive special education services in the resident school system, his parent shall acknowledge in writing, as part of the program enrollment process, that the parent agrees to accept only such services as are available to all students enrolled in the participating school.

            B. A parent may make a parental placement to receive special education and related services from a participating school that has demonstrated the capacity to offer such services.

            C.(1) A participating school may adhere to its own admissions policy in considering the admission of students participating in the program. A participating school shall not discriminate against a child with special educational needs during the program admissions process. However, a participating school is required to offer only those services that it already provides or such services as necessary to assist students with special needs that it can provide with minor adjustments. A participating school may partner or contract with the local school system to provide special education services.

            (2) The department shall make information regarding the services that participating schools and the resident school system can provide to children with special needs available to parents prior to the enrollment process.

            Acts 2024, No. 1, §1, eff. July 1, 2024.