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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; [
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[
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.