JFBOPEN ENROLLMENT
JFBGeneral
In accordance with state law, the District has established this open enrollment policy and implemented an open enrollment program without charging tuition for out-of-district students and in-district open enrollment students.
No tuition shall be charged for open enrollment, except as authorized by applicable provisions of A.R.S. 15-764, 15-797, 15-823, 15-824, and 15-825.
The Superintendent, or designee, shall develop and implement an administrative regulation and any other documents needed to administer the District's open enrollment program. An information packet concerning the application process, standards for acceptance and application forms shall be posted on the District's website and shall be available online.
Definitions
For the purposes of this policy, an out-of-District student is a state resident who resides outside of the District's boundaries but who seeks to enroll in the District. An in-District student is a state resident who resides in the District's boundaries but who seeks to enroll in a school outside of the student's attendance area.
Capacity and Enrollment Preference
The Superintendent, or designee, shall annually estimate how much excess capacity may exist to accpet out-of-District and in-District open enrollment students without adversely impacting educational opportunities for resident students attending their resident school. The estimate of excess capacity shall be made for each school, grade level, and program and shall take into consideration:
The number of students projected to enroll, and students who have enrollment preference, including:
1. District resident students in the school's attendance area, including those issued certificates of education convenience and those required by statute to be admitted - to include students who previously attended Higley Virtual Academy (HVA) but have chosen to return to their home school.
2. Eligible children of District employees.
3. In-District students who were enrolled in the school the previous year.
4. Out-of-District students who were enrolled in the school the previous year.
5. Siblings of pupils already enrolled.
a. Physical capacity of the school building and classrooms.
b. Availability of staff (i.e., administrators, teachers, other certificated employees, related service providers).
c. Capacity in relevant special programs, and
d. Availability of other resources.
Enrollment Priority
If remaining capacity at a school, as determined by the superintendent, or designee, is insufficient to enroll all pupils who submit a timely request, the school or school district shall select pupils through an equitable selection process. Enrollment priority shall be given to the siblings of a pupil selected through this equitable selection process.
After enrollment of students who have enrollment preference, the District will give enrollment priority to applicants in the following order, so long as their enrollment can be accomplished in accordance with the District's admission criteria:
A. Resident transfer pupils who were not enrolled in the school the previous year and any sibling who would be enrolled concurrently with such pupil.
B. Non-resident pupils who were not enrolled in the school the previous year and any sibling who would be enrolled concurrently with such pupil.
Admission Criteria
The Superintendent, or designee, shall determine if out-of-District students and in-District students will be admitted without tuition taking into consideration the following criteria:
A. The student's prior status in the educational and juvenile court system, including:
1. Whether the student has been expelled by another school or is in the process of being expelled by another school; and
2. Whether the student is in compliance with any conditions imposed by a juvenile court.
3. Whether the student has withdrawn to avoid suspension or expulsion.
4. Whether the student has been adjudicated delinquent or convicted of a crime.
B. The student's admission does not violate the provisions of a court order or agreement of desegration in the student's resident district.
Failure to disclose the above on the District's Open Enrollment Appllication may result in revocation of the student's acceptance for open enrollment.
Except as provided in A.R.S. 15-816.01, the District shall not limit admission based on any of the following:
A. Ethnicity or race.
B. National origin.
C. Sex.
D. Income level.
E. Disability.
F. Proficiency in the English language.
G. Athletic ability.
Additionally, the District shall not deny enrollment based upon:
A. Academic Performance (assessment tests for the purpose of placement may be administered after a student has been accepted for enrollment)
B. Discipline (exception: expulsion)
C. Ability of parents to volunteer
D. Non-payment of fees
E. Proof of immunization (attendance may be denied for immunization complliance but not enrollment)
As provided by A.R.S. 15-816.07, the District and its employees are immune from civil liability for decisions relative to the acceptance or rejection of the enrollment of a nonresident student when the decisions are based on good faith application of this policy and the applicable statutory requirements and standards.
Transportation of Students Admitted
Through Open Enrollment
Resident and nonresident open-enrolled students are eligible for District transportation on routes when space is available within the attendance boundaries of the school to which the student has been accepted for open enrollment transfer. It is the responsibility of the parents or guardians of the open-enrolled student to register with the Transportation Department and have the student at a designated pickup point within the receiving school's transportation area.
The District shall provide transportation for nonresident transfer students with disabilities whose individualized education program (IEP) specifies that transportation is necessary for fullment of the program:
A. of not more than thirty (30) miles to and from:
1. the school of attendance, or
2. a pickup point on a regular District transportation route, or
3. for the total miles traveled each day to an adjacent district.
Adopted: January 12, 2022
LEGAL REF.:
A.R.S.
8-371
15-341
15-764
15-797
15-816 et seq.
15-823
15-824
15-825
15-841
15-922
42 U.S.C. 11301, McKinney-Vento Homeless Assistance Act of 2001,
as amended by the Every Student Succeeds Act (ESSA) of 2015
CROSS REF.:
EEAA - Walkers and Riders
IIB - Class Size
JF - Student Admissions
JFAA - Admission of Resident Students
JFAB - Admission of Nonresident Students
JFABD - Admission of Homeless Students
JFABDA - Admission of Students in Foster Care
JG - Assignment of Students to Classes and Grade Levels