(a) A school district shall ensure the continuity of educational services for a child living in a foster home so that the child:

(1) Can remain in his or her school of origin in the state, if it is in the child's best interest;

(2) Is moved to a new school in this state in a timely manner when it is necessary, appropriate, and in the best interest of the child under § 9-28-113;

(3) Can participate in the appropriate educational programs; and

(4) Has access to the academic resources, services, and extracurricular enrichment activities that are available to all students.

(b)

(1) In those instances in which a child living in a foster home attends a public school in a school district in which the foster family home or child care facility is located but, during the previous school year, attended another school district in this state which, due to the average daily membership of that child during the previous school year, receives state equalization aid and other state aid and federal funds for or in behalf of the education of the child during the current school year, the school district in which the foster child is a student may make application to the other school district receiving state and federal funds for the education of the child to remit the pro rata part of such state, federal, and local funds available for the education of the child, including special education funds if the foster child is a child with disabilities, to the school district in which the foster child is now a student.

(2) The application shall be in writing and shall state the name of the child, state the fact that the child is in a foster home in the school district, and request payment to that school district of the state, federal, and local funds, including special education funds, if the foster child is a child with disabilities as defined in this subchapter, available for the education of the child for the current school year due to the attendance of the child at the school attended during the previous year.

(3) If the school district to which the request is made fails or refuses to pay the requested funds to the requesting school district within thirty (30) days after receiving the request, the requesting school district may notify the Department of Education of the fact, and the department shall investigate the facts of the request and the refusal to remit payment.

(4) If the department determines that the funds requested were due the requesting school district as provided in this section, the department shall notify the school districts involved of the determination and shall withhold the amount thereof from the next state aid funds available for distribution to the school district that failed or refused to remit the funds as provided in this subchapter and shall pay the amount over to the requesting school district as provided in this section, to be used for the education of the child living in a foster home who is a student in the school district during the current school year.