JECF: Interdistrict Transfer of Resident Students**
JECF-AR: Interdistrict Transfer of Resident Students
Code: JECF
Adopted: 5/14/14
Revised/Readopted: 4/08/15; 11/08/17; 12/15/21
Orig. Code: JECF
Interdistrict Transfer
The Board recognizes there may be circumstances that arise in which a resident student may benefit from attendance in another public school in the state. Consequently, a student who resides within district boundaries may be released to attend school in another district that agrees to accept the student. The agreement will be by written consent of the affected school boards or designees whereby the student becomes a “resident student” of the attending district, allowing the attending district to receive State School Fund moneys. Any additional fees or tuition costs are the responsibility of the parent.
When the resident district approves the release of a resident student to another school district, the student or their parent(s) will be solely responsible for transportation unless federal or state law requires transportation to be provided by the district. When a resident student, who is on an individualized education plan (IEP), is accepted to another district by an interdistrict transfer, the attending district becomes responsible for a free appropriate public education (FAPE).
Additionally, an interdistrict transfer of a resident student will be permitted, as appropriate, to meet the requirements to provide a safe public school choice in the Every Student Succeeds Act (ESSA).
The resident district may not impose any limitations on the length of time for which consent is given to the student requesting release to another district.
The resident district shall not require a student to receive consent more than one time when the student requests admission to the same receiving district, regardless of any time limitations imposed by the receiving district.
The district shall allow the student whose legal residence changes to a different district during the school year or summer between school years, to complete the school year in the district if the student chooses to do so.
Safe Public School Choice Transfer Requests
An interdistrict transfer [1]may be permitted in the event a student has been a victim of a violent criminal offense occurring in or on the grounds of a school the student attends, or the student attends a school identified as persistently dangerous and all other district schools the student may transfer to are also identified as persistently dangerous or there is no other district school to which the student may transfer. The transfer must be to a safe school.
Homeless Student
A homeless student residing in the district and the student’s parent, or in the case of an unaccompanied student, the district’s liaison for homeless students, may request that the student attend their school of origin[2] located out-of-district. The request will be considered based on the best interest of the student. The student may continue in their school of origin for the duration of the student’s homelessness.
Transportation will[3] be provided in accordance with law.
The superintendent is directed to establish procedures for the review of any student request to attend school in another district.
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[1] Districts are encouraged, but not required, to explore other appropriate options such as an agreement with a neighboring district to accept transfer students if there is not another school in the district in which the student legally resides for the transferring student.
[2] “School of origin” means the school that a student attended when permanently housed or the school in which the student was last enrolled. When the student has completed the final grade served by the school of origin, the term “school of origin” shall include the designated receiving school at the next grade level for all feeder schools.
[3] McKinney-Vento Homeless Assistance Act (see 42 U.S.C. 11432(g)(1)(J)(iii)).
END OF POLICY
Legal Reference(s):
Illegal Immigration and Immigration Reform Act of 1996, 8 U.S.C. §§ 1101, 1221, 1252, 1324, 1363, 1367 (2012).
McKinney-Vento Homeless Assistance Act, Subtitle VII-B, reauthorized by Title IX-A of the Every Student Succeeds Act, 42 U.S.C. §§ 11431-11435 (2012).
Every Student Succeeds Act, 20 U.S.C. § 7912 (2012).
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