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H.B. 349

             1     

OPEN ENROLLMENT REVISIONS

             2     
2008 GENERAL SESSION

             3     
STATE OF UTAH

             4     
Chief Sponsor: Julie Fisher

             5     
Senate Sponsor: Dan R. Eastman

             6     
             7      LONG TITLE
             8      General Description:
             9          This bill modifies provisions allowing students to attend public schools other than their
             10      school of residence.
             11      Highlighted Provisions:
             12          This bill:
             13          .    provides for an early and a late enrollment period during which a student may apply
             14      for enrollment in a school that is not the student's school of residence;
             15          .    establishes different open enrollment thresholds, below which a school is open for
             16      enrollment of nonresident students, for the early and late enrollment periods;
             17          .    modifies standards for accepting or rejecting an application for enrollment; and
             18          .    requires local school boards to post data on the school district's website regarding
             19      school capacity and applications for enrollment of nonresident students.
             20      Monies Appropriated in this Bill:
             21          None
             22      Other Special Clauses:
             23          None
             24      Utah Code Sections Affected:
             25      AMENDS:
             26          53A-2-207, as last amended by Laws of Utah 2003, Chapters 221 and 224
             27          53A-2-208, as repealed and reenacted by Laws of Utah 1993, Chapter 119


             28          53A-2-210, as last amended by Laws of Utah 1993, Chapter 119
             29          53A-2-213, as last amended by Laws of Utah 2007, Chapter 306
             30      ENACTS:
             31          53A-2-206.5, Utah Code Annotated 1953
             32     
             33      Be it enacted by the Legislature of the state of Utah:
             34          Section 1. Section 53A-2-206.5 is enacted to read:
             35          53A-2-206.5. Definitions.
             36          As used in Sections 53A-2-207 through 53A-2-213 :
             37          (1) "Early enrollment" means application prior to the third Friday in February for
             38      admission for the next school year to a school that is not a student's school of residence.
             39          (2) (a) "Early enrollment school capacity" or "maximum capacity" means the total
             40      number of students who could be served in a school building if each of the building's
             41      instructional stations were to have the enrollment specified in Subsection (2)(b).
             42          (b) (i) Except as provided in Subsection (2)(b)(ii):
             43          (A) for an elementary school, an instructional station shall have an enrollment at least
             44      equal to the school district's average class size for the corresponding grade; and
             45          (B) for a middle, junior, or senior high school, an instructional station shall have an
             46      enrollment at least equal to the district's average class size for similar classes.
             47          (ii) (A) A local school board shall determine the instructional station capacity for
             48      laboratories, physical education facilities, shops, study halls, self-contained special education
             49      classrooms, facilities jointly financed by the school district and another community agency for
             50      joint use, and similar rooms.
             51          (B) Capacity for self-contained special education classrooms shall be based upon
             52      students per class as defined by State Board of Education and federal special education
             53      standards.
             54          (3) (a) "Instructional station" means a classroom, laboratory, shop, study hall, or
             55      physical education facility to which a local board of education could reasonably assign a class,
             56      teacher, or program during a given class period.
             57          (b) More than one instructional station may be assigned to a classroom, laboratory,
             58      shop, study hall, or physical education facility during a class period.


             59          (4) "Late enrollment" means application:
             60          (a) after the third Friday in February for admission for the next school year to a school
             61      that is not the student's school of residence; or
             62          (b) for admission for the current year to a school that is not the student's school of
             63      residence.
             64          (5) (a) "Late enrollment school capacity" or "adjusted capacity" means the total number
             65      of students who could be served in a school if each teacher were to have the class size specified
             66      in Subsection (5)(b).
             67          (b) (i) An elementary school teacher shall have a class size at least equal to the district's
             68      average class size for the corresponding grade.
             69          (ii) A middle, junior, or senior high school teacher shall have a class size at least equal
             70      to the district's average class size for similar classes.
             71          (6) "Nonresident student" means a student who lives outside the boundaries of the
             72      school attendance area.
             73          (7) "Open enrollment threshold" means:
             74          (a) for early enrollment, a projected school enrollment level that is the greater of:
             75          (i) 90% of the maximum capacity; or
             76          (ii) maximum capacity minus 40 students; and
             77          (b) for late enrollment, actual school enrollment that is the greater of:
             78          (i) 90% of adjusted capacity; or
             79          (ii) adjusted capacity minus 40 students.
             80          (8) "Projected school enrollment" means the current year enrollment of a school as of
             81      October 1, adjusted for projected growth for the next school year.
             82          (9) "School attendance area" means an area established by a local school board from
             83      which students are assigned to attend a certain school.
             84          (10) "School of residence" means the school to which a student is assigned to attend
             85      based on the student's place of residence.
             86          Section 2. Section 53A-2-207 is amended to read:
             87           53A-2-207. Open enrollment options -- Procedures -- Processing fee -- Continuing
             88      enrollment.
             89          (1) Each local school board is responsible for providing educational services consistent


             90      with Utah state law and rules of the State Board of Education for each student who resides in
             91      the district and, as provided in [Sections 53A-2-207 ] this section through [ 53A-2-211 ] Section
             92      53A-2-213 and to the extent reasonably feasible, for any student who resides in another district
             93      in the state and desires to attend a school in the district.
             94          [(2) (a) The State Board of Education shall adopt rules defining school capacities and
             95      average daily membership thresholds for use in determining whether a school must be open for
             96      enrollment of nonresident students.]
             97          (2) (a) A school is open for enrollment of nonresident students if the enrollment level
             98      is at or below the open enrollment threshold.
             99          (b) If a school's [average daily membership] enrollment falls below the open
             100      enrollment threshold [designated by the State Board of Education], the local school board shall
             101      allow [students who do not reside within the district to also] a nonresident student to enroll in
             102      the school.
             103          (3) A local school board [of education] may [also] allow enrollment of nonresident
             104      students in a school [which] that is operating above the [average daily membership] open
             105      enrollment threshold [for mandatory enrollment of nonresident students].
             106          (4) (a) A local school board shall adopt policies describing procedures for nonresident
             107      students to follow in applying for entry into the district's schools.
             108          (b) Those procedures shall provide, as a minimum, for:
             109          (i) distribution to interested parties of information about the school or school district
             110      and how to apply for admission;
             111          (ii) use of standard application forms prescribed by the State Board of Education;
             112          (iii) submission of applications from December 1 through the third Friday in February
             113      by those seeking admission during the early enrollment period for the following year;
             114          (iv) submission of applications by those seeking admission during the late enrollment
             115      period;
             116          [(iv)] (v) written notification to the student's parent or legal guardian of acceptance or
             117      rejection of an application:
             118          (A) within six weeks after receipt of the application by the district or by March 31,
             119      whichever is later[;], for applications submitted during the early enrollment period;
             120          (B) within two weeks after receipt of the application by the district or by the Friday


             121      before the new school year begins, whichever is later, for applications submitted during the late
             122      enrollment period for admission in the next school year; and
             123          (C) within two weeks after receipt of the application by the district, for applications
             124      submitted during the late enrollment period for admission in the current year; and
             125          [(v)] (vi) written notification to the resident [district] school for intradistrict transfers
             126      or the resident district for interdistrict transfers upon acceptance of a nonresident student for
             127      enrollment[; and].
             128          [(vi) admission of students at times other than that permitted under standard policies if
             129      the board determines that there are conditions of special need which warrant consideration.]
             130          (5) A school district may charge a one-time $5 processing fee, to be paid at the time of
             131      application.
             132          (6) An enrolled nonresident student shall be permitted to remain enrolled in [the
             133      nonresident district's schools] a school, subject to the same rules and standards as resident
             134      students, without renewed applications in subsequent years unless one of the following occurs:
             135          (a) the student graduates;
             136          (b) the student is no longer a Utah resident;
             137          (c) the student is suspended or expelled from school; or
             138          (d) the district determines that enrollment within the school [in question] will exceed
             139      [90% of maximum capacity during the coming school year] the school's open enrollment
             140      threshold.
             141          (7) (a) Determination of which nonresident students will be excluded from continued
             142      enrollment in a [nonresident district] school during a subsequent year under Subsection (6)(b)
             143      is based upon time in the [district] school, with those most recently enrolled being excluded
             144      first and the use of a lottery system when multiple nonresident students have the same number
             145      of school days in the school.
             146          (b) Nonresident students who will not be permitted to continue their enrollment shall
             147      be notified no later than March 15 of the current school year.
             148          (8) The parent or guardian of a student enrolled in a [nonresident district] school that is
             149      not the student's school of residence may withdraw the student from that [district] school for
             150      enrollment in another [district] public school by[: (a)] submitting notice of intent to enroll the
             151      student in:


             152          (a) the district of residence [for the subsequent year to the district of attendance no later
             153      than March 31 of the current school year]; or
             154          (b) [submitting notice of intent to enroll the student in] another nonresident district [for
             155      the subsequent school year to the current district of attendance, together with a letter of
             156      acceptance from the proposed district of attendance, no later than March 31 of the current
             157      school year; or].
             158          [(c) if the parent desires to change the student's enrollment during the school year or
             159      after March 31, by obtaining approval from both the district of attendance and the district in
             160      which enrollment is sought.]
             161          (9) Unless provisions have previously been made for enrollment in another school, a
             162      nonresident district releasing a student from enrollment shall immediately notify the district of
             163      residence, which shall enroll the student in the resident district and take such additional steps
             164      as may be necessary to ensure compliance with laws governing school attendance.
             165          [(10) Subsection (6)(d) does not apply to a student who was attending a nonresident
             166      school or district prior to January 1, 1993.]
             167          (10) (a) A student who transfers between schools, whether effective on the first day of
             168      the school year or after the school year has begun, by exercising an open enrollment option
             169      under this section may not transfer to a different school during the same school year by
             170      exercising an open enrollment option under this section.
             171          (b) The restriction on transfers specified in Subsection (10)(a) does not apply to a
             172      student transfer made for health or safety reasons.
             173          Section 3. Section 53A-2-208 is amended to read:
             174           53A-2-208. Rules for acceptance and rejection of applications.
             175          (1) (a) A local school board shall adopt rules governing acceptance and rejection of
             176      applications required under Section 53A-2-207 .
             177          (b) The rules adopted under Subsection (1)(a) shall include policies and procedures to
             178      assure that decisions regarding enrollment requests are administered fairly without prejudice to
             179      any student or class of student, except as provided in Subsection (2).
             180          (2) Standards for accepting or rejecting an application for enrollment may include:
             181          (a) for an elementary school, the capacity of the [program, class,] grade level[, or
             182      school building];


             183          (b) maintenance of heterogeneous student populations if necessary to avoid violation of
             184      constitutional or statutory rights of students;
             185          (c) not offering a program the student requires; [and]
             186          (d) willingness of prospective students to comply with district policies[.]; and
             187          (e) giving priority to intradistrict transfers over interdistrict transfers.
             188          (3) (a) Standards for accepting or rejecting applications for enrollment may not
             189      include:
             190          (i) previous academic achievement[,];
             191          (ii) athletic or other extracurricular ability[,];
             192          (iii) the fact that the student requires special education services for which space is
             193      available[,];
             194          (iv) proficiency in the English language[,]; or
             195          (v) previous disciplinary proceedings, except as provided in Subsection (3)(b).
             196          (b) A board may provide for the denial of applications from students who:
             197          (i) have committed serious infractions of the law or school rules, including rules of the
             198      district in which enrollment is sought[,]; or
             199          (ii) have been guilty of chronic misbehavior which would, if it were to continue after
             200      the student was admitted[,]:
             201          (A) endanger persons[,] or property[,];
             202          (B) cause serious disruptions in the school[,]; or
             203          (C) place unreasonable burdens on school staff.
             204          (c) A board may also provide for provisional enrollment of students with prior
             205      behavior problems, establishing conditions under which enrollment of a nonresident student
             206      would be permitted or continued.
             207          (4) The State Board of Education, in consultation with the Utah High School Activities
             208      Association, shall establish policies regarding nonresident student participation in
             209      interscholastic competition.
             210          (5) For each school in the district, the local school board shall post on the school
             211      district's website:
             212          (a) the school's maximum capacity;
             213          (b) the school's adjusted capacity;


             214          (c) the school's projected enrollment used in the calculation of the open enrollment
             215      threshold;
             216          (d) actual enrollment for each semester;
             217          (e) the number of nonresident student enrollment requests;
             218          (f) the number of nonresident student enrollment requests accepted; and
             219          (g) the number of resident students transferring to another school.
             220          Section 4. Section 53A-2-210 is amended to read:
             221           53A-2-210. Funding.
             222          (1) A student who enrolls in a nonresident district is considered a resident of that
             223      district for purposes of state funding.
             224          (2) The State Board of Education shall adopt rules providing that:
             225          (a) the resident district pay the nonresident district, for each of the resident district's
             226      students who enroll in the nonresident district, 1/2 of the amount by which the resident
             227      district's per student expenditure exceeds the value of the state's contribution[.]; and
             228          (b) if a student is enrolled in a nonresident district for less than a full year, the resident
             229      district shall pay a portion of the amount specified in Subsection (2)(a) based on the percentage
             230      of school days the student is enrolled in the nonresident district.
             231          (3) (a) Except as provided in this Subsection (3), the parent or guardian of a
             232      nonresident student shall arrange for the student's own transportation to and from school.
             233          (b) The State Board of Education may adopt rules under which nonresident students
             234      may be transported to their schools of attendance if:
             235          (i) the transportation of students to schools in other districts would relieve
             236      overcrowding or other serious problems in the district of residence and the costs of
             237      transportation are not excessive; or
             238          (ii) the Legislature has granted an adequate specific appropriation for that purpose.
             239          (c) A receiving district shall provide transportation for a nonresident student on the
             240      basis of available space on an approved route within the district to the school of attendance if
             241      district students would be eligible for transportation to the same school from that point on the
             242      bus route and the student's presence does not increase the cost of the bus route.
             243          (d) Nothing in this section shall be construed as prohibiting the resident district or the
             244      receiving district from providing bus transportation on any approved route.


             245          (e) Except as provided in Subsection (3)(b), the district of residence may not claim any
             246      state transportation costs for students enrolled in other school districts.
             247          Section 5. Section 53A-2-213 is amended to read:
             248           53A-2-213. Intradistrict transfers for students impacted by boundary changes --
             249      Transportation of students who transfer within a district.
             250          [(1) (a) A local school board shall allow students who reside within the district to
             251      attend any school within the district, subject to the same requirements established in Sections
             252      53A-2-207 through 53A-2-209 , except that a district may adopt a later date for accepting
             253      intradistrict transfer applications.]
             254          [(b) If a board extends the date for acceptance of applications, then the notification
             255      dates shall be adjusted accordingly.]
             256          [(c) (i)] (1) In adjusting school boundaries, a local school board shall strive to avoid
             257      requiring current students to change schools and shall, to the extent reasonably feasible,
             258      accommodate parents who wish to avoid having their children attend different schools of the
             259      same level because of boundary changes which occur after one or more children in the family
             260      begin attending one of the affected schools.
             261          [(ii) In granting interdistrict and intradistrict transfers to a particular school, the local
             262      school board shall take into consideration the fact that an applicant's brother or sister is
             263      attending the school or another school within the district.]
             264          (2) (a) A district shall receive transportation monies under Sections 53A-17a-126 and
             265      53A-17a-127 for resident students who enroll in schools other than the regularly assigned
             266      school on the basis of the distance from the student's residence to the school the student would
             267      have attended had the intradistrict attendance option not been used.
             268          (b) The parent or guardian of the student shall arrange for the student's transportation to
             269      and from school, except that the district shall provide transportation on the basis of available
             270      space on an approved route within the district to the school of the student's attendance if the
             271      student would be otherwise eligible for transportation to the same school from that point on the
             272      bus route and the student's presence does not increase the cost of the bus route.





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