1     
MILITARY SERVICEMEMBER CHILD ENROLLMENT

2     
2022 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Ann Millner

5     
House Sponsor: Val L. Peterson

6     

7     LONG TITLE
8     General Description:
9          This bill amends provisions regarding nonresident and open enrollment for children of
10     military servicemembers.
11     Highlighted Provisions:
12          This bill:
13          ▸     amends provisions regarding nonresident and open enrollment for children of
14     military servicemembers to provide additional opportunity; and
15          ▸     makes technical and conforming changes.
16     Money Appropriated in this Bill:
17          None
18     Other Special Clauses:
19          None
20     Utah Code Sections Affected:
21     AMENDS:
22          53G-6-306, as last amended by Laws of Utah 2021, Chapter 321
23          53G-6-402, as last amended by Laws of Utah 2019, Chapter 293
24     

25     Be it enacted by the Legislature of the state of Utah:
26          Section 1. Section 53G-6-306 is amended to read:
27          53G-6-306. Permitting attendance by nonresident of the state -- Tuition.
28          (1) As used in this section:
29          (a) "Armed forces" means the same as that term is defined in Section 68-3-12.5.

30          (b) "Eligible student" means a student who is a dependent child of a member of
31     uniformed services who is:
32          (i) (A) relocating to the state and does not reside in the state during an LEA's
33     enrollment period; or
34          (B) relocating out of the state during the school year; and
35          (ii) on permanent change of station orders.
36          (c) "Nonresident child" means a child residing outside the state.
37          (d) "Provisional enrollment" means enrollment in a public school by an eligible
38     student:
39          (i) before the eligible student relocates to the state; or
40          (ii) after the eligible student's parent relocates out of the state, but before the eligible
41     student relocates out of the state.
42          (e) "Uniformed services" means:
43          (i) the same as that term is defined in Section 68-3-12.5;
44          (ii) the reserve components of the armed forces; and
45          (iii) the national guard of a state.
46          (2) (a) An LEA may permit a nonresident child to attend school within the district,
47     giving priority to a child of a military servicemember, as that term is defined in Section
48     53B-8-102.
49          (b) With the exception of a child enrolled under Section 53G-6-707, a nonresident
50     child is not included for the purpose of apportionment of state funds.
51          (3) (a) An LEA shall charge a nonresident child who enrolls in a school within the
52     LEA tuition in an amount at least equal to the per capita cost of the school program in which
53     the nonresident child enrolls unless the LEA, in open meeting, determines to waive the charge
54     for that nonresident child in whole or in part.
55          (b) The official minutes of the meeting described in Subsection (3)(a) shall reflect the
56     LEA's determination to waive the charge described in Subsection (3)(a).
57          (4) (a) Notwithstanding anything to the contrary in Subsection (3), an LEA shall allow

58     an eligible student to:
59          (i) provisionally enroll in a public school in the LEA at the same time and in the same
60     manner as individuals who reside in the state; or
61          (ii) provisionally enroll in virtual education options that the LEA provides in the same
62     manner as an individual residing in the state.
63          (b) An LEA may not require proof of residency from an eligible student at the time the
64     eligible student applies to enroll in a public school in the LEA.
65          (c) An LEA shall require proof of residence within 10 days after the eligible student's
66     first day of residence in the state.
67          Section 2. Section 53G-6-402 is amended to read:
68          53G-6-402. Open enrollment options -- Procedures -- Processing fee -- Continuing
69     enrollment.
70          (1) Each local school board is responsible for providing educational services consistent
71     with Utah state law and rules of the state board for each student who resides in the district and,
72     as provided in this section through Section 53G-6-407 and to the extent reasonably feasible, for
73     any student who resides in another district in the state and desires to attend a school in the
74     district, giving priority to a child of a military servicemember, as that term is defined in Section
75     53B-8-102.
76          (2) (a) A school is open for enrollment of nonresident students if the enrollment level
77     is at or below the open enrollment threshold.
78          (b) If a school's enrollment falls below the open enrollment threshold, the local school
79     board shall allow a nonresident student to enroll in the school.
80          (3) A local school board may allow enrollment of nonresident students in a school that
81     is operating above the open enrollment threshold.
82          (4) (a) A local school board shall adopt policies describing procedures for nonresident
83     students to follow in applying for entry into the district's schools.
84          (b) Those procedures shall provide, as a minimum, for:
85          (i) distribution to interested parties of information about the school or school district

86     and how to apply for admission;
87          (ii) use of standard application forms prescribed by the state board;
88          (iii) (A) submission of applications from December 1 through the third Friday in
89     February by those seeking admission during the early enrollment period for the following year;
90     or
91          (B) submission of applications from August 1 through November 1 by those seeking
92     admission during the early enrollment period for the following year in a school district
93     described in Subsection 53G-6-401(1)(b);
94          (iv) submission of applications by those seeking admission during the late enrollment
95     period;
96          (v) written notification to the student's parent of acceptance or rejection of an
97     application:
98          (A) within six weeks after receipt of the application by the district or by March 31,
99     whichever is later, for applications submitted during the early enrollment period;
100          (B) within two weeks after receipt of the application by the district or by the Friday
101     before the new school year begins, whichever is later, for applications submitted during the late
102     enrollment period for admission in the next school year; and
103          (C) within two weeks after receipt of the application by the district, for applications
104     submitted during the late enrollment period for admission in the current year;
105          (vi) written notification to the resident school for intradistrict transfers or the resident
106     district for interdistrict transfers upon acceptance of a nonresident student for enrollment; and
107          (vii) written notification to the parents of each student that resides within the school
108     district and other interested parties of the revised early enrollment period described in
109     Subsection 53G-6-401(1)(b) if:
110          (A) the school district is doing a district wide grade reconfiguration of its elementary,
111     middle, junior, and senior high schools; and
112          (B) the grade reconfiguration described in Subsection (4)(b)(vii)(A) will be
113     implemented in the next school year.

114          (c) (i) Notwithstanding the dates established in Subsection (4)(b) for submitting
115     applications and notifying parents of acceptance or rejection of an application, a local school
116     board may delay the dates if a local school board is not able to make a reasonably accurate
117     projection of the early enrollment school capacity or late enrollment school capacity of a school
118     due to:
119          (A) school construction or remodeling;
120          (B) drawing or revision of school boundaries; or
121          (C) other circumstances beyond the control of the local school board.
122          (ii) The delay may extend no later than four weeks beyond the date the local school
123     board is able to make a reasonably accurate projection of the early enrollment school capacity
124     or late enrollment school capacity of a school.
125          (5) A school district may charge a one-time $5 processing fee, to be paid at the time of
126     application.
127          (6) An enrolled nonresident student shall be permitted to remain enrolled in a school,
128     subject to the same rules and standards as resident students, without renewed applications in
129     subsequent years unless one of the following occurs:
130          (a) the student graduates;
131          (b) the student is no longer a Utah resident;
132          (c) the student is suspended or expelled from school; [or]
133          (d) except for a student described in Subsection (6)(e), the district determines that
134     enrollment within the school will exceed the school's open enrollment threshold[.]; or
135          (e) for a child of a military servicemember, as that term is defined in Section
136     53B-8-102, who moves from temporary to permanent housing outside of the relevant school
137     district boundaries following a permanent change of station:
138          (i) in kindergarten through grade 10, the student completes the current school year; or
139          (ii) in grades 11 and 12, the student graduates.
140          (7) (a) Determination of which nonresident students will be excluded from continued
141     enrollment in a school during a subsequent year under Subsection (6)(d) is based upon time in

142     the school, with those most recently enrolled being excluded first and the use of a lottery
143     system when multiple nonresident students have the same number of school days in the school.
144          (b) Nonresident students who will not be permitted to continue their enrollment shall
145     be notified no later than March 15 of the current school year.
146          (8) The parent of a student enrolled in a school that is not the student's school of
147     residence may withdraw the student from that school for enrollment in another public school by
148     submitting notice of intent to enroll the student in:
149          (a) the district of residence; or
150          (b) another nonresident district.
151          (9) Unless provisions have previously been made for enrollment in another school, a
152     nonresident district releasing a student from enrollment shall immediately notify the district of
153     residence, which shall enroll the student in the resident district and take such additional steps
154     as may be necessary to ensure compliance with laws governing school attendance.
155          (10) (a) Except as provided in Subsection (10)(c), a student who transfers between
156     schools, whether effective on the first day of the school year or after the school year has begun,
157     by exercising an open enrollment option under this section may not transfer to a different
158     school during the same school year by exercising an open enrollment option under this section.
159          (b) The restriction on transfers specified in Subsection (10)(a) does not apply to a
160     student transfer made for health or safety reasons.
161          (c) A local school board may adopt a policy allowing a student to exercise an open
162     enrollment option more than once in a school year.
163          (11) Notwithstanding Subsections (2) and (6)(d), a student who is enrolled in a school
164     that is not the student's school of residence, because school bus service is not provided between
165     the student's neighborhood and school of residence for safety reasons:
166          (a) shall be allowed to continue to attend the school until the student finishes the
167     highest grade level offered; and
168          (b) shall be allowed to attend the middle school, junior high school, or high school into
169     which the school's students feed until the student graduates from high school.

170          (12) Notwithstanding any other provision of this part or Part 3, School District
171     Residency, a student shall be allowed to enroll in any charter school or other public school in
172     any district, including a district where the student does not reside, if the enrollment is
173     necessary, as determined by the Division of Child and Family Services, to comply with the
174     provisions of 42 U.S.C. Section 675.