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H.B. 86





Sponsor: Carol Spackman Moss

             5      This act modifies provisions relating to school districts by extending the application
             6      period for enrollment in a school located outside a student's resident district. This act
             7      takes effect on July 1, 2003.
             8      This act affects sections of Utah Code Annotated 1953 as follows:
             9      AMENDS:
             10          53A-2-207, as repealed and reenacted by Chapter 119, Laws of Utah 1993
             11      Be it enacted by the Legislature of the state of Utah:
             12          Section 1. Section 53A-2-207 is amended to read:
             13           53A-2-207. Enrollment of nonresident students -- Procedures -- Processing fee --
             14      Continuing enrollment.
             15          (1) Each local school board is responsible for providing educational services consistent
             16      with Utah state law and rules of the State Board of Education for each student who resides in
             17      the district and, as provided in Sections 53A-2-207 through 53A-2-212 and to the extent
             18      reasonably feasible, for any student who resides in another district in the state and desires to
             19      attend a school in the district.
             20          (2) (a) The State Board of Education shall adopt rules defining school capacities and
             21      average daily membership thresholds for use in determining whether a school must be open for
             22      enrollment of nonresident students.
             23          (b) If a school's average daily membership falls below the threshold designated by the
             24      State Board of Education, the local school board shall allow students who do not reside within
             25      the district to also enroll in the school.
             26          (3) A local board of education may also allow enrollment of nonresident students in a
             27      school which is operating above the average daily membership threshold for mandatory

             28      enrollment of nonresident students.
             29          (4) (a) A local school board shall adopt policies describing procedures for nonresident
             30      students to follow in applying for entry into the district's schools.
             31          (b) Those procedures shall provide, as a minimum, for:
             32          (i) distribution to interested parties of information about the school or school district
             33      and how to apply for admission;
             34          (ii) use of standard application forms prescribed by the State Board of Education;
             35          (iii) submission of applications [during the month of January] from December 1
             36      through February 28 by those seeking admission for the following year;
             37          (iv) written notification to the student's parent or legal guardian of acceptance or
             38      rejection of an application within six weeks after receipt of the application by the district or by
             39      March [1] 31, whichever is later;
             40          (v) written notification to the resident district upon acceptance of a nonresident student
             41      for enrollment; and
             42          (vi) admission of students at times other than that permitted under standard policies if
             43      the board determines that there are conditions of special need which warrant consideration.
             44          (5) A school district may charge a one-time $5 processing fee, to be paid at the time of
             45      application.
             46          (6) An enrolled nonresident student shall be permitted to remain enrolled in the
             47      nonresident district's schools, subject to the same rules and standards as resident students,
             48      without renewed applications in subsequent years unless one of the following occurs:
             49          (a) the student graduates;
             50          (b) the student is no longer a Utah resident;
             51          (c) the student is suspended or expelled from school; or
             52          (d) the district determines that enrollment within the school in question will exceed
             53      90% of maximum capacity during the coming school year.
             54          (7) (a) Determination of which nonresident students will be excluded from continued
             55      enrollment in a nonresident district during a subsequent year under Subsection (6)(b) is based
             56      upon time in the district, with those most recently enrolled being excluded first.
             57          (b) Nonresident students who will not be permitted to continue their enrollment shall
             58      be notified no later than March 15 of the current school year.

             59          (8) The parent of a student enrolled in a nonresident district may withdraw the student
             60      from that district for enrollment in another district by:
             61          (a) submitting notice of intent to enroll the student in the district of residence for the
             62      subsequent year to the district of attendance no later than March [15] 31 of the current school
             63      year;
             64          (b) submitting notice of intent to enroll the student in another nonresident district for
             65      the subsequent school year to the current district of attendance, together with a letter of
             66      acceptance from the proposed district of attendance, no later than March [15] 31 of the current
             67      school year; or
             68          (c) if the parent desires to change the student's enrollment during the school year or
             69      after March [15] 31, by obtaining approval from both the district of attendance and the district
             70      in which enrollment is sought.
             71          (9) Unless provisions have previously been made for enrollment in another school, a
             72      nonresident district releasing a student from enrollment shall immediately notify the district of
             73      residence, which shall enroll the student in the resident district and take such additional steps
             74      as may be necessary to ensure compliance with laws governing school attendance.
             75          (10) Subsection (6)(d) does not apply to a student who was attending a nonresident
             76      school or district prior to January 1, 1993.
             77          Section 2. Effective date.
             78          This act takes effect on July 1, 2003.

Legislative Review Note
    as of 12-5-02 7:08 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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