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H.B. 102

             1     

MODIFICATIONS OF SCHOOL CHOICE

             2     
PROGRAM

             3     
2001 GENERAL SESSION

             4     
STATE OF UTAH

             5     
Sponsor: Afton B. Bradshaw

             6      A. Lamont Tyler




             7      The act modifies provisions related to the State System of Public Education by prohibiting
             8      a local school board or superintendent from closing a school if 10% or more of the students
             9      attending the school reside outside its boundary and the school is operating at or above 70%
             10      of maximum student capacity. The act has an immediate effective date.
             11      This act affects sections of Utah Code Annotated 1953 as follows:
             12      AMENDS:
             13          53A-2-207, as repealed and reenacted by Chapter 119, Laws of Utah 1993
             14      ENACTS:
             15          53A-2-214, Utah Code Annotated 1953
             16      Be it enacted by the Legislature of the state of Utah:
             17          Section 1. Section 53A-2-207 is amended to read:
             18           53A-2-207. Enrollment of nonresident students -- Procedures -- Processing fee --
             19      Continuing enrollment.
             20          (1) Each local school board is responsible for providing educational services consistent
             21      with Utah state law and rules of the State Board of Education for each student who resides in the
             22      district and, as provided in Sections 53A-2-207 through [ 53A-2-212 ] 53A-2-214 and to the extent
             23      reasonably feasible, for any student who resides in another district in the state and desires to attend
             24      a school in the district.
             25          (2) (a) The State Board of Education shall adopt rules defining school capacities and
             26      average daily membership thresholds for use in determining whether a school must be open for
             27      enrollment of nonresident students.


             28          (b) If a school's average daily membership falls below the threshold designated by the State
             29      Board of Education, the local school board shall allow students who do not reside within the
             30      district to also enroll in the school.
             31          (3) A local board of education may also allow enrollment of nonresident students in a
             32      school which is operating above the average daily membership threshold for mandatory enrollment
             33      of nonresident students.
             34          (4) (a) A local school board shall adopt policies describing procedures for nonresident
             35      students to follow in applying for entry into the district's schools.
             36          (b) Those procedures shall provide, as a minimum, for:
             37          (i) distribution to interested parties of information about the school or school district and
             38      how to apply for admission;
             39          (ii) use of standard application forms prescribed by the State Board of Education;
             40          (iii) submission of applications during the month of January by those seeking admission
             41      for the following year;
             42          (iv) written notification to the student's parent or legal guardian of acceptance or rejection
             43      of an application within six weeks after receipt of the application by the district or by March 1,
             44      whichever is later;
             45          (v) written notification to the resident district upon acceptance of a nonresident student for
             46      enrollment; and
             47          (vi) admission of students at times other than that permitted under standard policies if the
             48      board determines that there are conditions of special need which warrant consideration.
             49          (5) A school district may charge a one-time $5 processing fee, to be paid at the time of
             50      application.
             51          (6) An enrolled nonresident student shall be permitted to remain enrolled in the
             52      nonresident district's schools, subject to the same rules and standards as resident students, without
             53      renewed applications in subsequent years unless one of the following occurs:
             54          (a) the student graduates;
             55          (b) the student is no longer a Utah resident;
             56          (c) the student is suspended or expelled from school; or
             57          (d) the district determines that enrollment within the school in question will exceed 90%
             58      of maximum capacity during the coming school year.


             59          (7) (a) Determination of which nonresident students will be excluded from continued
             60      enrollment in a nonresident district during a subsequent year under Subsection (6)(b) is based upon
             61      time in the district, with those most recently enrolled being excluded first.
             62          (b) Nonresident students who will not be permitted to continue their enrollment shall be
             63      notified no later than March 15 of the current school year.
             64          (8) The parent of a student enrolled in a nonresident district may withdraw the student
             65      from that district for enrollment in another district by:
             66          (a) submitting notice of intent to enroll the student in the district of residence for the
             67      subsequent year to the district of attendance no later than March 15 of the current school year;
             68          (b) submitting notice of intent to enroll the student in another nonresident district for the
             69      subsequent school year to the current district of attendance, together with a letter of acceptance
             70      from the proposed district of attendance, no later than March 15 of the current school year; or
             71          (c) if the parent desires to change the student's enrollment during the school year or after
             72      March 15, by obtaining approval from both the district of attendance and the district in which
             73      enrollment is sought.
             74          (9) Unless provisions have previously been made for enrollment in another school, a
             75      nonresident district releasing a student from enrollment shall immediately notify the district of
             76      residence, which shall enroll the student in the resident district and take such additional steps as
             77      may be necessary to ensure compliance with laws governing school attendance.
             78          (10) Subsection (6)(d) does not apply to a student who was attending a nonresident school
             79      or district prior to January 1, 1993.
             80          Section 2. Section 53A-2-214 is enacted to read:
             81          53A-2-214. Maintaining schools of choice.
             82          (1) In order to maintain and ensure the vitality, integrity, and effectiveness of the school
             83      choice program authorized under Sections 53A-2-207 through 53A-2-213 and Subsection
             84      53A-1a-106 (2)(a)(iii), a local school board or local superintendent may not close a school if:
             85          (a) 10% or more of the students attending the school reside outside the school's boundary;
             86      and
             87          (b) the school is operating at or above 70% of maximum student capacity.
             88          (2) For purposes of this section, maximum student capacity is determined by State Board
             89      of Education rule as directed in Subsection 53A-2-207 (2)(a).


             90          Section 3. Effective date.
             91          If approved by two-thirds of all the members elected to each house, this act takes effect
             92      upon approval by the governor, or the day following the constitutional time limit of Utah
             93      Constitution Article VII, Section 8, without the governor's signature, or in the case of a veto, the
             94      date of veto override.




Legislative Review Note
    as of 12-14-00 9:27 AM


A limited legal review of this legislation raises no obvious constitutional or statutory concerns.

Office of Legislative Research and General Counsel


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