Chief Sponsor: Mike Winder

Senate Sponsor: John D. Johnson


8     General Description:
9          This bill makes changes to the application period for early enrollment for nonresident
10     students.
11     Highlighted Provisions:
12          This bill:
13          ▸     changes the application period for early enrollment for nonresident students from
14     December 1 through the third Friday in February, to November 15 through the first
15     Friday in February.
16     Money Appropriated in this Bill:
17          None
18     Other Special Clauses:
19          None
20     Utah Code Sections Affected:
21     AMENDS:
22          53G-6-402, as last amended by Laws of Utah 2019, Chapter 293

24     Be it enacted by the Legislature of the state of Utah:
25          Section 1. Section 53G-6-402 is amended to read:
26          53G-6-402. Open enrollment options -- Procedures -- Processing fee -- Continuing
27     enrollment.

28          (1) Each local school board is responsible for providing educational services consistent
29     with Utah state law and rules of the state board for each student who resides in the district and,
30     as provided in this section through Section 53G-6-407 and to the extent reasonably feasible, for
31     any student who resides in another district in the state and desires to attend a school in the
32     district.
33          (2) (a) A school is open for enrollment of nonresident students if the enrollment level
34     is at or below the open enrollment threshold.
35          (b) If a school's enrollment falls below the open enrollment threshold, the local school
36     board shall allow a nonresident student to enroll in the school.
37          (3) A local school board may allow enrollment of nonresident students in a school that
38     is operating above the open enrollment threshold.
39          (4) (a) A local school board shall adopt policies describing procedures for nonresident
40     students to follow in applying for entry into the district's schools.
41          (b) Those procedures shall provide, as a minimum, for:
42          (i) distribution to interested parties of information about the school or school district
43     and how to apply for admission;
44          (ii) use of standard application forms prescribed by the state board;
45          (iii) (A) submission of applications from [December 1] November 15 through the
46     [third] first Friday in February by those seeking admission during the early enrollment period
47     for the following year; or
48          (B) submission of applications from August 1 through November 1 by those seeking
49     admission during the early enrollment period for the following year in a school district
50     described in Subsection 53G-6-401(1)(b);
51          (iv) submission of applications by those seeking admission during the late enrollment
52     period;
53          (v) written notification to the student's parent of acceptance or rejection of an
54     application:
55          (A) within six weeks after receipt of the application by the district or by March 31,
56     whichever is later, for applications submitted during the early enrollment period;
57          (B) within two weeks after receipt of the application by the district or by the Friday
58     before the new school year begins, whichever is later, for applications submitted during the late

59     enrollment period for admission in the next school year; and
60          (C) within two weeks after receipt of the application by the district, for applications
61     submitted during the late enrollment period for admission in the current year;
62          (vi) written notification to the resident school for intradistrict transfers or the resident
63     district for interdistrict transfers upon acceptance of a nonresident student for enrollment; and
64          (vii) written notification to the parents of each student that resides within the school
65     district and other interested parties of the revised early enrollment period described in
66     Subsection 53G-6-401(1)(b) if:
67          (A) the school district is doing a district wide grade reconfiguration of its elementary,
68     middle, junior, and senior high schools; and
69          (B) the grade reconfiguration described in Subsection (4)(b)(vii)(A) will be
70     implemented in the next school year.
71          (c) (i) Notwithstanding the dates established in Subsection (4)(b) for submitting
72     applications and notifying parents of acceptance or rejection of an application, a local school
73     board may delay the dates if a local school board is not able to make a reasonably accurate
74     projection of the early enrollment school capacity or late enrollment school capacity of a school
75     due to:
76          (A) school construction or remodeling;
77          (B) drawing or revision of school boundaries; or
78          (C) other circumstances beyond the control of the local school board.
79          (ii) The delay may extend no later than four weeks beyond the date the local school
80     board is able to make a reasonably accurate projection of the early enrollment school capacity
81     or late enrollment school capacity of a school.
82          (5) A school district may charge a one-time $5 processing fee, to be paid at the time of
83     application.
84          (6) An enrolled nonresident student shall be permitted to remain enrolled in a school,
85     subject to the same rules and standards as resident students, without renewed applications in
86     subsequent years unless one of the following occurs:
87          (a) the student graduates;
88          (b) the student is no longer a Utah resident;
89          (c) the student is suspended or expelled from school; or

90          (d) the district determines that enrollment within the school will exceed the school's
91     open enrollment threshold.
92          (7) (a) Determination of which nonresident students will be excluded from continued
93     enrollment in a school during a subsequent year under Subsection (6)(d) is based upon time in
94     the school, with those most recently enrolled being excluded first and the use of a lottery
95     system when multiple nonresident students have the same number of school days in the school.
96          (b) Nonresident students who will not be permitted to continue their enrollment shall
97     be notified no later than March 15 of the current school year.
98          (8) The parent of a student enrolled in a school that is not the student's school of
99     residence may withdraw the student from that school for enrollment in another public school by
100     submitting notice of intent to enroll the student in:
101          (a) the district of residence; or
102          (b) another nonresident district.
103          (9) Unless provisions have previously been made for enrollment in another school, a
104     nonresident district releasing a student from enrollment shall immediately notify the district of
105     residence, which shall enroll the student in the resident district and take such additional steps
106     as may be necessary to ensure compliance with laws governing school attendance.
107          (10) (a) Except as provided in Subsection (10)(c), a student who transfers between
108     schools, whether effective on the first day of the school year or after the school year has begun,
109     by exercising an open enrollment option under this section may not transfer to a different
110     school during the same school year by exercising an open enrollment option under this section.
111          (b) The restriction on transfers specified in Subsection (10)(a) does not apply to a
112     student transfer made for health or safety reasons.
113          (c) A local school board may adopt a policy allowing a student to exercise an open
114     enrollment option more than once in a school year.
115          (11) Notwithstanding Subsections (2) and (6)(d), a student who is enrolled in a school
116     that is not the student's school of residence, because school bus service is not provided between
117     the student's neighborhood and school of residence for safety reasons:
118          (a) shall be allowed to continue to attend the school until the student finishes the
119     highest grade level offered; and
120          (b) shall be allowed to attend the middle school, junior high school, or high school into

121     which the school's students feed until the student graduates from high school.
122          (12) Notwithstanding any other provision of this part or Part 3, School District
123     Residency, a student shall be allowed to enroll in any charter school or other public school in
124     any district, including a district where the student does not reside, if the enrollment is
125     necessary, as determined by the Division of Child and Family Services, to comply with the
126     provisions of 42 U.S.C. Section 675.