§ 3305. Placement and attendance. 1. When the student transfers before
or during the school year, the receiving state school shall initially
honor placement of the student in educational courses based on the
student's enrollment in the sending state school and/or educational
assessments conducted at the school in the sending state if the courses
are offered and there is space available as determined by the local
educational agency. Course placement includes but is not limited to
honors, international baccalaureate, advanced placement, vocational,
technical and career pathways courses. Where the local educational
agency contracts with a board of cooperative educational services to
deliver such courses, the local educational agency and the board of
cooperative educational services shall arrange to enroll the student in
the applicable board of cooperative educational services program where
there is space available. Continuing the student's academic program from
the previous school and promoting placement in academically and career
challenging courses should be paramount when considering placement. This
does not preclude the school in the receiving state from performing
subsequent evaluations to ensure appropriate placement and continued
enrollment of the student in the courses.

2. The receiving state school shall initially honor placement of the
student in educational programs based on current educational assessments
conducted at the school in the sending state or participation/placement
in like programs in the sending state, provided that the programs and/or
courses exist and there is space available, as determined by the local
educational agency. Such programs include, but are not limited to,
gifted and talented programs and English as a second language. Nothing
in this subdivision shall preclude the school in the receiving state
from performing subsequent evaluations to ensure appropriate placement
of the student.

3. (a) In compliance with the federal requirements of the individuals
with disabilities education act, 20 U.S.C.A. section 1400 et seq, the
receiving state shall initially provide comparable services to a student
with disabilities based on his or her current individualized education
program; and

(b) In compliance with the requirements of section 504 of the
rehabilitation act, 29 U.S.C.A. section 794, and with title II of the
Americans with disabilities act, 42 U.S.C.A. sections 12131-12165, the
receiving state shall make reasonable accommodations and modifications
to address the needs of incoming students with disabilities, subject to
an existing 504 or title II plan, to provide the student with equal
access to education. This does not preclude the school in the receiving
state from performing subsequent evaluations to ensure appropriate
placement of the student.

4. Local educational agency administrative officials shall have
flexibility in waiving course or program prerequisites, or other
preconditions for placement in courses or programs offered under the
jurisdiction of the local educational agency.

5. A student whose parent or legal guardian is an active duty member
of the uniformed services, as defined by the compact, and has been
called to duty for, is on leave from, or immediately returned from
deployment to a combat zone or combat support posting, shall be granted
additional excused absences at the discretion of the local educational
agency superintendent to visit with his or her parent or legal guardian
relative to such leave or deployment of the parent or guardian.