JECB: Admission of Nonresident Students

JECB-AR(1) : Admission of Nonresident Students/Interdistrict Transfers

JECB-AR(2): Mutual Agreement - “Resident Pupil”**

Code: JECB

Adopted: 2/09/11

Revised/Readopted: 12/14/11; 5/14/14; 4/08/15; 9/09/15; 10/11/17; 12/15/21

Orig. Code: JECB

 

The district may enroll nonresident students as follows:

  1. Interdistrict Transfer Agreement. By written consent of the affected school boards or designee. The student becomes a “resident pupil” of the attending district thereby allowing the attending district to receive State School Fund moneys;
  2. Tuition Paying Student. By admitting a nonresident student with tuition, whereby neither affected districts are eligible for State School Fund moneys;
  3. Court Placement. If a juvenile court determines it is in the student’s best interest, a student placed in a substitute care program outside the district will continue to be considered a resident student and allowed to attend the school the student attended prior to placement. The public agency placing the student in a substitute care program will be responsible for the transportation of the student, if public agency funds are available.

The Board shall deny regular school admission to nonresident students who are under expulsion from another district for a weapons policy violation. The Board may, based on district criteria, deny regular school or alternative education program admission to nonresident students who are under expulsion from another district for reasons other than a weapons policy violation.

Consent for Admission of a Nonresident Student by Interdistrict Transfer or Consent for Admission of a Tuition Paying Student

Annually, by March 1st, the Board shall establish the number of student transfer requests into the district, and out of the district, to which consent will be given for the upcoming school year.

The Board may not consider nor ask for any information from the student about race, religion, sex, sexual orientation, gender identity, ethnicity, national origin, disability, health, whether a student has an education program (IEP) or the terms of that IEP, identified as talented and gifted, income level, residence, proficiency in English, athletic ability, or academic records. The Board may not request or require the student to participate in an interview, tour any of the schools or facilities, or otherwise meet with any representatives of the school or district prior to the district deciding whether to give consent.

The Board may only ask for the student’s name, contact information, date of birth, grade level, and whether the student is currently expelled, whether the student may be given priority on consent for admission (see the following paragraph for priorities), and information about which schools the student prefers to attend.

If the number of students seeking consent exceeds the number of spaces, the Board will use an equitable lottery selection process. The process may give priority to students who have siblings currently enrolled in the district; who previously received consent for admission, but have a change in legal residence; or who attended a public charter school located in the same district in which the student seeks to attend, for three consecutive years, completed the highest grade offered by the public charter school and did not enroll and attend school in another district following completion of that highest grade in the public charter school.

The Board may revise the maximum number of students to whom consent will be given at a time other than the annual date established by the Board if there are no pending applications for consent.

If the Board decides not to give consent to a student the Board must provide a written explanation to the student.

The district may require minimum standards of behavior and/or attendance once the student has been accepted. The minimum standards must be the same for all students that are given consent. The district is not allowed to establish minimum standards for academics as a criteria for the student to remain in the district. Students whose consent is revoked for violation of set attendance and/or behavior standards will not be allowed to apply for consent to return to this district in the same or the following school year.

The Board may determine the length of time the consent is given. Any limitations in length of time must be applied consistently among all students to whom consent is given.

The district is not required to provide transportation outside the boundaries of the district. The student will be allowed to use existing bus routes and transportation services of the district. Transportation will be provided if required by federal law.

The attending district is responsible for a free appropriate public education for those students on an IEP.

 

END OF POLICY

 

 

Legal Reference(s):

 

ORS 174.100                                                 

ORS 339.115 - 339.133    

ORS 433.267

ORS 327.006                                                 

ORS 339.141         

AR 581-021-0019

ORS 329.485                                                 

ORS 339.250

ORS 335.090                                                 

ORS 343.221