Download Zipped Introduced WordPerfect HB0454.ZIP
[Status][Bill Documents][Fiscal Note][Bills Directory]

H.B. 454

             1     

OPEN ENROLLMENT AMENDMENTS

             2     
2012 GENERAL SESSION

             3     
STATE OF UTAH

             4     
Chief Sponsor: Derek E. Brown

             5     
Senate Sponsor: Wayne L. Niederhauser

             6     
             7      LONG TITLE
             8      General Description:
             9          This bill modifies the State System of Public Education code by amending provisions
             10      relating to open enrollment.
             11      Highlighted Provisions:
             12          This bill:
             13          .    amends the early enrollment period application date for admission for the next
             14      school year to a school that is not a student's school of residence if:
             15              .    the school district is doing a district wide grade reconfiguration of its
             16      elementary, middle, junior, and senior high schools; and
             17              .    the grade reconfiguration will be implemented in the next school year;
             18          .    requires a local school board to adopt policies that require written notification to the
             19      parents or legal guardians of each student that resides within the school district and
             20      other interested parties of the revised early enrollment period if the school district is
             21      doing a district wide grade reconfiguration of its elementary, middle, junior, and
             22      senior high schools and the grade reconfiguration will be implemented in the next
             23      school year; and
             24          .    makes technical changes.
             25      Money Appropriated in this Bill:
             26          None
             27      Other Special Clauses:


             28          None
             29      Utah Code Sections Affected:
             30      AMENDS:
             31          53A-2-206.5, as enacted by Laws of Utah 2008, Chapter 346
             32          53A-2-207, as last amended by Laws of Utah 2009, Chapter 161
             33     
             34      Be it enacted by the Legislature of the state of Utah:
             35          Section 1. Section 53A-2-206.5 is amended to read:
             36           53A-2-206.5. Definitions.
             37          As used in Sections 53A-2-207 through 53A-2-213 :
             38          (1) "Early enrollment" means:
             39          (a) except as provided in Subsection (1)(b), application prior to the third Friday in
             40      February for admission for the next school year to a school that is not a student's school of
             41      residence[.]; and
             42          (b) application prior to November 1 for admission for the next school year to a school
             43      that is not a student's school of residence if:
             44          (i) the school district is doing a district wide grade reconfiguration of its elementary,
             45      middle, junior, and senior high schools; and
             46          (ii) the grade reconfiguration described in Subsection (1)(b) will be implemented in the
             47      next school year.
             48          (2) (a) "Early enrollment school capacity" or "maximum capacity" means the total
             49      number of students who could be served in a school building if each of the building's
             50      instructional stations were to have the enrollment specified in Subsection (2)(b).
             51          (b) (i) Except as provided in Subsection (2)(b)(ii):
             52          (A) for an elementary school, an instructional station shall have an enrollment at least
             53      equal to the school district's average class size for the corresponding grade; and
             54          (B) for a middle, junior, or senior high school, an instructional station shall have an
             55      enrollment at least equal to the district's average class size for similar classes.
             56          (ii) (A) A local school board shall determine the instructional station capacity for
             57      laboratories, physical education facilities, shops, study halls, self-contained special education
             58      classrooms, facilities jointly financed by the school district and another community agency for


             59      joint use, and similar rooms.
             60          (B) Capacity for self-contained special education classrooms shall be based upon
             61      students per class as defined by State Board of Education and federal special education
             62      standards.
             63          (3) (a) "Instructional station" means a classroom, laboratory, shop, study hall, or
             64      physical education facility to which a local board of education could reasonably assign a class,
             65      teacher, or program during a given class period.
             66          (b) More than one instructional station may be assigned to a classroom, laboratory,
             67      shop, study hall, or physical education facility during a class period.
             68          (4) "Late enrollment" means application:
             69          (a) after the third Friday in February for admission for the next school year to a school
             70      that is not the student's school of residence; or
             71          (b) for admission for the current year to a school that is not the student's school of
             72      residence.
             73          (5) (a) "Late enrollment school capacity" or "adjusted capacity" means the total number
             74      of students who could be served in a school if each teacher were to have the class size specified
             75      in Subsection (5)(b).
             76          (b) (i) An elementary school teacher shall have a class size at least equal to the district's
             77      average class size for the corresponding grade.
             78          (ii) A middle, junior, or senior high school teacher shall have a class size at least equal
             79      to the district's average class size for similar classes.
             80          (6) "Nonresident student" means a student who lives outside the boundaries of the
             81      school attendance area.
             82          (7) "Open enrollment threshold" means:
             83          (a) for early enrollment, a projected school enrollment level that is the greater of:
             84          (i) 90% of the maximum capacity; or
             85          (ii) maximum capacity minus 40 students; and
             86          (b) for late enrollment, actual school enrollment that is the greater of:
             87          (i) 90% of adjusted capacity; or
             88          (ii) adjusted capacity minus 40 students.
             89          (8) "Projected school enrollment" means the current year enrollment of a school as of


             90      October 1, adjusted for projected growth for the next school year.
             91          (9) "School attendance area" means an area established by a local school board from
             92      which students are assigned to attend a certain school.
             93          (10) "School of residence" means the school to which a student is assigned to attend
             94      based on the student's place of residence.
             95          Section 2. Section 53A-2-207 is amended to read:
             96           53A-2-207. Open enrollment options -- Procedures -- Processing fee -- Continuing
             97      enrollment.
             98          (1) Each local school board is responsible for providing educational services consistent
             99      with Utah state law and rules of the State Board of Education for each student who resides in
             100      the district and, as provided in this section through Section 53A-2-213 and to the extent
             101      reasonably feasible, for any student who resides in another district in the state and desires to
             102      attend a school in the district.
             103          (2) (a) A school is open for enrollment of nonresident students if the enrollment level
             104      is at or below the open enrollment threshold.
             105          (b) If a school's enrollment falls below the open enrollment threshold, the local school
             106      board shall allow a nonresident student to enroll in the school.
             107          (3) A local school board may allow enrollment of nonresident students in a school that
             108      is operating above the open enrollment threshold.
             109          (4) (a) A local school board shall adopt policies describing procedures for nonresident
             110      students to follow in applying for entry into the district's schools.
             111          (b) Those procedures shall provide, as a minimum, for:
             112          (i) distribution to interested parties of information about the school or school district
             113      and how to apply for admission;
             114          (ii) use of standard application forms prescribed by the State Board of Education;
             115          (iii) (A) submission of applications from December 1 through the third Friday in
             116      February by those seeking admission during the early enrollment period for the following year;
             117      or
             118          (B) submission of applications from August 1 through November 1 by those seeking
             119      admission during the early enrollment period for the following year in a school district
             120      described in Subsection 53A-2-206.5 (1)(b);


             121          (iv) submission of applications by those seeking admission during the late enrollment
             122      period;
             123          (v) written notification to the student's parent or legal guardian of acceptance or
             124      rejection of an application:
             125          (A) within six weeks after receipt of the application by the district or by March 31,
             126      whichever is later, for applications submitted during the early enrollment period;
             127          (B) within two weeks after receipt of the application by the district or by the Friday
             128      before the new school year begins, whichever is later, for applications submitted during the late
             129      enrollment period for admission in the next school year; and
             130          (C) within two weeks after receipt of the application by the district, for applications
             131      submitted during the late enrollment period for admission in the current year; [and]
             132          (vi) written notification to the resident school for intradistrict transfers or the resident
             133      district for interdistrict transfers upon acceptance of a nonresident student for enrollment[.];
             134      and
             135          (vii) written notification to the parents or legal guardians of each student that resides
             136      within the school district and other interested parties of the revised early enrollment period
             137      described in Subsection 53A-2-206.5 (1)(b) if:
             138          (A) the school district is doing a district wide grade reconfiguration of its elementary,
             139      middle, junior, and senior high schools; and
             140          (B) the grade reconfiguration described in Subsection (4)(b)(vii)(A) will be
             141      implemented in the next school year.
             142          (c) (i) Notwithstanding the dates established in Subsection (4)(b) for submitting
             143      applications and notifying parents of acceptance or rejection of an application, a local school
             144      board may delay the dates if a local school board is not able to make a reasonably accurate
             145      projection of the early enrollment school capacity or late enrollment school capacity of a school
             146      due to:
             147          (A) school construction or remodeling;
             148          (B) drawing or revision of school boundaries; or
             149          (C) other circumstances beyond the control of the local school board.
             150          (ii) The delay may extend no later than four weeks beyond the date the local school
             151      board is able to make a reasonably accurate projection of the early enrollment school capacity


             152      or late enrollment school capacity of a school.
             153          (5) A school district may charge a one-time $5 processing fee, to be paid at the time of
             154      application.
             155          (6) An enrolled nonresident student shall be permitted to remain enrolled in a school,
             156      subject to the same rules and standards as resident students, without renewed applications in
             157      subsequent years unless one of the following occurs:
             158          (a) the student graduates;
             159          (b) the student is no longer a Utah resident;
             160          (c) the student is suspended or expelled from school; or
             161          (d) the district determines that enrollment within the school will exceed the school's
             162      open enrollment threshold.
             163          (7) (a) Determination of which nonresident students will be excluded from continued
             164      enrollment in a school during a subsequent year under Subsection (6)(d) is based upon time in
             165      the school, with those most recently enrolled being excluded first and the use of a lottery
             166      system when multiple nonresident students have the same number of school days in the school.
             167          (b) Nonresident students who will not be permitted to continue their enrollment shall
             168      be notified no later than March 15 of the current school year.
             169          (8) The parent or guardian of a student enrolled in a school that is not the student's
             170      school of residence may withdraw the student from that school for enrollment in another public
             171      school by submitting notice of intent to enroll the student in:
             172          (a) the district of residence; or
             173          (b) another nonresident district.
             174          (9) Unless provisions have previously been made for enrollment in another school, a
             175      nonresident district releasing a student from enrollment shall immediately notify the district of
             176      residence, which shall enroll the student in the resident district and take such additional steps
             177      as may be necessary to ensure compliance with laws governing school attendance.
             178          (10) (a) Except as provided in Subsection (10)(c), a student who transfers between
             179      schools, whether effective on the first day of the school year or after the school year has begun,
             180      by exercising an open enrollment option under this section may not transfer to a different
             181      school during the same school year by exercising an open enrollment option under this section.
             182          (b) The restriction on transfers specified in Subsection (10)(a) does not apply to a


             183      student transfer made for health or safety reasons.
             184          (c) A local school board may adopt a policy allowing a student to exercise an open
             185      enrollment option more than once in a school year.
             186          (11) Notwithstanding Subsections (2) and (6)(d), a student who is enrolled in a school
             187      that is not the student's school of residence, because school bus service is not provided between
             188      the student's neighborhood and school of residence for safety reasons:
             189          (a) shall be allowed to continue to attend the school until the student finishes the
             190      highest grade level offered; and
             191          (b) shall be allowed to attend the middle school, junior high school, or high school into
             192      which the school's students feed until the student graduates from high school.
             193          (12) Notwithstanding any other provision of this part, a student shall be allowed to
             194      enroll in any charter school or other public school in any district, including a district where the
             195      student does not reside, if the enrollment is necessary, as determined by the Division of Child
             196      and Family Services, to comply with the provisions of 42 U.S.C. Section 675.




Legislative Review Note
    as of 2-21-12 10:49 AM


Office of Legislative Research and General Counsel


[Bill Documents][Bills Directory]