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501.15 Open Enrollment Transfers - Procedures as a Receiving District

The school district will participate in open enrollment as a receiving district. As a receiving district, the board will allow non-resident students, who meet the legal requirements, to open enroll into the school district. The board shall have complete discretion to determine the attendance center of the students attending the school district under open enrollment.

 

The superintendent will approve timely filed applications by June 1 and will take action on incoming kindergarten applications, good cause applications and continuation of an educational program applications filed by the date required under Iowa law.

 

The superintendent shall notify the sending school district and parents within five (5) days of the district’s action to approve or deny the open enrollment request.

 

Open enrollment requests into the school district will not be approved if insufficient classroom space exists. Open enrollment requests into the school district will also not be approved for students who have been suspended or expelled by the administration or the board of the school district the student is or was attending until the student has been reinstated into the school district from which the student was suspended or expelled. Once the student is reinstated, the student’s open enrollment request will be considered in the same manner as other open enrollment requests provided the required timelines are met.

 

Open enrollment requests into the school district that, if denied, would result in students from the same nuclear family being enrolled in different school districts, will be given highest priority. The board, in its discretion, may waive the insufficient classroom space reason for denial for students of the same nuclear family to prevent the division of a nuclear family between two school districts. Other open enrollment requests into the school district shall be considered in the order received by the school district with the first open enrollment request given a higher priority than the second open enrollment request and so forth.

 

Generally, students in grades nine (9) through twelve (12) open enrolling into the school district shall not be eligible for participation in interscholastic athletics, at the varsity level, during the first ninety (90) days of open enrollment into the school district unless the student meets an exemption as provided by law.

 

Parents of students whose open enrollment requests are approved by the board or superintendent are responsible for providing transportation to and from the receiving school district without reimbursement unless the parents qualify for transportation assistance. The board will not approve transportation into the sending district.

 

An open enrollment request into the school district from parents of a special education student shall be reviewed on a case-by-case basis. The determining factors for approval of such an open enrollment request will be whether the special education program available in the school district is appropriate for the student’s needs and whether the enrollment of the special education student will cause the class size to exceed the maximum allowed. The area education agency director of special education serving the school district shall determine whether the program is appropriate. The special education student shall remain in the sending district until the final determination is made.

 

The policies of the school district shall apply to students attending the school district under open enrollment.

 

It shall be the responsibility of the superintendent to develop appropriate office procedures and administrative regulations necessary for open enrollment requests.

 

Legal Reference:       

Iowa Code §§ 139.9; 274.1; 279.11; 282.1, .3, .8, .18; 299.1

281 I.A.C. 17.

1990 Op. Att’y Gen. 75.

 

Approved   8/19/96       Reviewed 06/20/2016     Revised 06/20/2016