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JECB - Admission of Non-Resident Students**

Code:  JECB
Readopted:  5/14/18
Adopted:  6/13/16
Orig. Code(s):  JECB

The district may enroll non-resident students as follows:

  1. Inter-district Transfer Agreement.  By written consent of the affected school boards.  The student becomes a “resident student” of the attending district thereby allowing the attending district to receive State School Fund monies;
  2. Open Enrollment.  By written consent from the school board with which the student has made application for admission.  The student becomes a “resident pupil” of the attending district thereby allowing the attending district to receive State School Fund monies;
  3. Tuition Paying Student.  By unilaterally admitting with tuition a nonresident student whereby neither district is eligible for State School Fund monies;
  4. Court Placement.  If a juvenile court determines it is in the student’s best interest, a student placed in a substitute care program outside the district will continue to be considered a resident student and allowed to attend the school the student attended prior to placement.  The public agency placing the student in a substitute care program will be responsible for the transportation of the student, if public agency funds are available.

The Board shall deny regular school admission to nonresident students who are under expulsion from another district for a weapons policy violation.  The Board may deny regular school admission to nonresident students who are under expulsion from another district for reasons other than a weapons policy violation.

Inter-district Transfer Agreement

Annually, by March 1, the district shall establish the number of students to whom consent for transfer will be given for the upcoming school year.  The district may choose to limit the number of students accepted for transfer based on school, grade or the combination of both.  The district may decide not to allow any transfers under this process.

The district reserves the right to accept/reject nonresident students based on the availability of space and resources.  The district may not consider nor ask for any information from the student about race, religion, sex, sexual orientation, ethnicity, national origin, disability, health, whether a student has an individualized education program (IEP) or the terms of that IEP, identified as talented and gifted, income level, residence, proficiency in English, athletic ability or academic records.  The district may not request or require the student to participate in an interview, tour any of the schools or facilities, or otherwise meet with any representatives of the school or district prior to the district deciding on whether to give consent.

The district may ask for the student’s name, contact information, date of birth, grade level, whether the student may be given priority on consent for admission (e.g., sibling in the district; change in legal residence; completion of public charter school in the district), information about which schools the student prefers to attend and whether the student is currently expelled.

The district will establish annually an application timeline and share that information on the district’s website.  Applications for inter-district transfer must be submitted according to the deadlines established in this timeline prior to the year of requested transfer.

If the number of students seeking transfer exceeds the number of available openings as determined by the district, then consent for transfer will be based on an equitable lottery selection process.  The process may give priority to students who have siblings currently enrolled in the district; to students who previously received consent for admission and because of a change in legal residence; or to students who attended a public charter school located in the same district in which the student seeks to attend, for three consecutive years, completed the highest grade offered by the public charter school and did not enroll and attend school in another district following completion of that highest grade in the public charter school.

The district may require minimum standards of behavior and/or attendance once the student has been accepted.  The minimum standards must be the same for all students that are given consent.  The district is not allowed to establish minimum standards for academics as a criteria for the student to remain in the district.  Students whose consent is revoked for violation of set attendance and/or behavior standards will not be allowed to apply for consent to return to this district in the same or the following school year.

The Board may revise the maximum number of students to whom consent will be given at a time other than the annual date established by the Board if there are no pending applications for consent.

If the Board decides not to give consent to a student the Board must provide a written explanation to the student.

The Board may determine the length of time the consent is given.  Any limitations in length of time must be applied consistently among all students to whom consent is given.

The district is not required to provide transportation outside the boundaries of the district.  Students admitted under this policy will be allowed to use existing bus routes and transportation services of the district, if space is available.  Transportation will be provided if required by federal law.

By June 30, the district shall provide written notification of the transfer to the school district of the student’s legal residence.

Open Enrollment

Annually, by March 1, the Board shall establish the number of students to whom consent for open enrollment will be given for the upcoming school year.  The Board may choose to limit consent based on school, grade or the combination of both.  The Board may decide not to give consent to any person under this process.

Applications for consent shall be submitted to the district no later than March 31, for the following school year.

The Board may not deny consent, give priority nor request student information related to race, religion, sex, sexual orientation, ethnicity, national origin, disability, health, whether a student has an individual education program (IEP) or the terms of that IEP, income level, residence, proficiency in the English language, athletic ability, academic records or eligibility or participation in talented and gifted programs.

If the number of students seeking consent exceeds the number of students the Board has determined will be given consent, consent will be based on an equitable lottery selection process.

The district is not required to provide transportation outside the boundaries of the district.  The student will be allowed to use existing bus routes and transportation services of the district.  Transportation will be provided if required by federal law.

By May 1, the district shall provide written notification of admission of a nonresident student into the district, to the district of the student’s legal residence.

END OF POLICY


Legal Reference(s):

ORS 109.056
ORS 327.006
ORS 329.485
ORS 335.090
ORS 339.115 to -339.133
ORS 339.141
ORS 339.250
ORS 343.221
ORS 433.267

Letter Opinions, Office of the OR Attorney General (March 15, April 18, June 30 1988).

Or. Dep’t of Educ., ODE Executive Memoranda 23-1988-89, 42-1994-95.

Cross Reference(s):

IGBHC - Alternative Education Notification